IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 1743 of 2008 --------------------------------- O.P.(MV).NO.1458/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,NEYYATTINKARA .................... APPELLANT/ 2ND RESPONDENT: ----------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, KOCHI - 11. BY ADV. SRI.P.JAYASANKAR. RESPONDENTS/ APPLICANT & RESPONDENTS 1 & 3: ---------------------------------------------------------------------------- 1. SURESH, S/O. MADAN PILLAI ASSARI, MANKANTUVILAI, MANGALAMUNTU INDIRA NAGAR COLONY, KARUNGAL, KANNYAKUMARI DISTRICT, NOW RESIDING AT SREE NIVAS, PARASSALA P.O., THIRUVANANTHAPURAM. 2. JAIN, S/O. ANBAYYAN, PERUMPULI, POOVANGINAVILA, KANJIRAMCODE P.O., KANYAKUMARI DISTRCT. 3. MUTHUKRISHNAN, S/O. VELAYUDHAN ASSARI, A.S.V. SADAN SILUVAIPURAM, KOLLOMCODE P.O., KANYAKUMARI DISTRICT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 1743/2008: ORDER ON I.A. NO. 2107/2008 IN M.A.C.A. NO. 1743/2008 DISMISSED SD/- J.B.KOSHY, JUDGE, 11/08/2008. SD/- K.P.BALACHANDRAN, JUDGE. //TRUE COPY// P.S. TO JUDGE. prv. J.B. Koshy & K.P.Balachandran, JJ. -------------------------------------- M.A.C.A. No.1743 of 2008 --------------------------------------- Dated this the 11th day of August, 2008 Judgment Koshy,J. First respondent in this case sustained injuries in an accident on 1.9.2003 at Karungal, K.K. district, Tamilnadu. He was aged 28. He claimed compensation of Rupees Four lakhs. With regard to his injuries, the tribunal noticed as follows: "7. Ext.A2 shows no external injury, swelling (L) thigh and shortening of (L) leg. X- ray (L) femur shows fracture shaft of femur (L). He was treated as inpatient from 1.9.2003 to 22.9.2003 in the Kanyakumari Medical College hospital. Ext.A6 also shows he was inpatient from 1.9.2003 to 22.9.2003 in the Kanyakumari Government Medical College. Ext.A7 shows he was admitted on 9.3.2004 and discharged at request on 17.3.2004 and fracture shaft of femur (L) is noted. Ext.A8 also indicates fracture femur (L) and inpatient treatment from 9.3.2004 to 17.3.2004. Ext.A8 further shows he was inpatient from 15.6.2004 to 25.6.2004. He was reviewed till 8.10.2004. Ext.A9 shows he was admitted in the Kanyakumari Medical College Hospital, surgery done on 24.10.2004, K nail fixation and bone graft done and discharged on 15.11.2004. X-ray taken and found fracture shaft of femur (L). Ext.A10 shows post traumatic stiffness (L) knee. He was treated as inpatient from 4.4.2005 to 30.4.2005 in the Kanyakumari Medical College Hospital. Ext.A11 is the letter to the concern stating that the applicant was undergone surgery for non-union of (L) femur MACA No.1743/2008 2 from 9.5.2005 to 16.9.2005. Ext.A12 shows the doctor assessed the permanent disability as 22%. According to the doctor, the applicant sustained fracture shaft of femur (L). He underwent surgery of (L) femur (internal fixation of plate and screw). He had undergone inpatient treatment in the Kanyakumari Medical College Hospital for the period from 1.9.2003 to 22.9.2003 and from 11.10.2004 to 15.11.2004 and from 4.4.2005 to 30.4.2005 and he underwent two surgeries. Further, he was inpatient in the District Headquarters Hospital, Padmanabhapuram for the period from 9.3.2004 to 17.3.2004 and from 15.6.2004 to 25.6.2004. Again, he was inpatient in the Kanyakumari Medical Mission Hospital, Neyyoor from 9.5.2005 to 16.9.2005. In the meantime he underwent surgery for non-union of (L) femur. The doctor observed pain and tenderness at the fracture site, pain over his posterior aspect of hip near the trochantric, deep scar (L) thigh which is symbolic of the surgery, fresh x-ray shows mal- union of the fracture (L) femur, wasting of his (L) leg by 5 c.m. and (L) thigh by 5 c.m. due to disuse atrophy following the pain and immobilization, partial ankylosis (L) hip joint and the movement of his (L) hip is restricted to 20 degree, constant pain (L) joint due to post traumatic secondary arthritis, pain over his back due to reactive arthritis of the lumbo sacral spine, shortening of (L) leg by 3 c.m. flexion of his (L) knee joint is restricted upto 90 degree, cannot walk steadily or do any hard work and disfiguration at the (L) leg around the area of fracture site." After considering Ext.A12 disability certificate, the tribunal fixed 12% disability. Even though 18 is the multiplier as per the second schedule, the tribunal fixed 17 as the multiplier and awarded compensation of Rs.1,17,210/- against a claim of Rupees Four lakh. Only objection MACA No.1743/2008 3 raised by the appellant insurance company is that the motor accidents claims tribunal at Neyyattinkara had no jurisdiction to deal with the case as, according to the appellant, the accident took place at Karungal, K.K. district, Tamilnadu. He was a permanent resident of Tamilnadu. According to the claimant, even though his permanent address was at Tamilnadu, he has shifted his residence to Parassala within the jurisdiction of MACT, Neyyattinkara. Exts.A4 and A14 were produced. They are rent deeds to show that he had rented the house and living at Parassala. The tribunal held that even though the contention of the counsel for the insurance company is admirable, when application under section 140 was made, no objection was filed regarding the jurisdiction and hence the insurance company cannot contend against the question of jurisdiction. Coverage of the insurance for the offending car by the insurance company which caused the accident was admitted in the written statement. Ext.A1 copy of FIR, Ext.A5 copy of charge sheet and various medical certificates were produced. We are of the opinion that Exts.A4 and A14 rent deeds show convincingly that the appellant was residing within the jurisdiction of MACT, Neyyattinkara at the time of accident and filing of the application. Even if the case was tried before another tribunal, no different result would have been obtained by the insurance company as coverage of insurance is admitted and the accident as well as the MACA No.1743/2008 4 disabilities were proved by cogent evidence. Quantum is also not disputed. In these facts and circumstances of the case, we are of the opinion that no interference is required in the award. Appeal dismissed. J.B.Koshy Judge K.P. Balachandran Judge vaa J.B. KOSHY AND K.P.BALACHANDRAN,JJ. ------------------------------------- W.A. Nos.1743/2008 ------------------------------------- Judgment Dated:11th August, 2008