P.J. James vs T.K. Gafoor, Unnikrishnan P. and M/s. New India Assurance Co. Ltd., Kannur

C.K. Abdul Rehim, J.—The claimant in O.P(M.V.). No. 439/2002 before the Motor Accidents claims Tribunal, Thalassery, is seeking enhancement of the compensation awarded. He sustained fracture on left Humerus in a motor vehicle incident, along with other minor injuries. He had undergone treatment as inpatient for about 12 days and thereafter continued treatment as outpatient. The injury sustained to the appellant had resulted in partial permanent disability. But the Medical Broad, after examining him, certified that he had only a temporary disability of 8%. The appellant was working as a teacher. Considering the fact that he continued till the age of superannuation, the Tribunal adopted multiplier of 8 and assessed disability adopting 4%. Contentions in the appeal are to the effect that the amount awarded under the head of compensation for permanent disability is too inadequate. It is also contended that the amounts awarded under the heads of pain and sufferings and loss of amenities are on the lower side. Further contention is to the effect that no amount has been granted for further treatment.

We have heard learned counsel appearing for the appellant.

On a perusal of the impugned award, it is evident that the Tribunal took note of the fact that the appellant continued in the job of teacher, in spite of the injuries and alleged disability. Therefore, we do not find any fault in adopting the multiplier as 8. The salary proved through Ext. A6 certificate cannot be adopted since the loss of disability is calculated only for the period after superannuation. Further we note that the Medical Board had certified only a temporary disability. Therefore, the extent of disability adopted as 4% cannot be stated as unreasonable or improper.

However, considering the contention regarding inadequacy of amounts awarded under the heads of pain and sufferings and loss of amenities, we are inclined to enhance the compensation by a further sum of Rs. 10,000/-. Accordingly, the appeal is allowed in part and the amount of compensation awarded by the Tribunal will stand enhanced by a further sum of Rs. 10,000/-, which will carry interest at the rate of 9% per annum from the date of the claim petition till realisation. The 3rd respondent insurance company is directed to make deposit of the said amount within two months from today.

No order as to costs.