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2008 Supreme(Online)(KER) 28654

HIGH COURT OF KERALA
M.N.KRISHNAN, J
SINTO LONA – Appellant
Versus
M.D., KSRTC – Respondent


Advocates:
SRI.P.V.BABY, SRI.A.N.SANTHOSH, SRI.JOHNSON P.JOHN, SC, KSRTC - R1, SRI.A.C.DEVY - R5

J U D G M E N T

This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1247/98. The claimant sustained a fracture of lateral tibial condyle and was treated as an inpatient initially for seven days and also subsequently for seven days. He had produced a disability certificate of 14%. The Tribunal awarded a total compensation of Rs.36,000/- and it is against that decision the present appeal is filed. The Doctor has been examined as well in the case. The Tribunal itself has stated the patient was found to have disability in squatting, sitting and lifting heavy weight, difficulty to stand for a long time and there has been tenderness on the fracture site. The Tribunal did accept the disability of 5% and applied a multiplier of 17. Certainly the Tribunal should have taken a reasonable disability, namely, 7%, and the appropriate multiplier is only 16 and not 17, when the income is taken at Rs.18,000/- per annum and 7% disability is worked out the annual loss of earnings would be Rs.1,260/- which when multiplied by 16 would come to Rs.20,160/-. The Tribunal has granted Rs.15,300/-. So the additional compensation will come to Rs.4,860/- u

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