IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH NOVEMBER 2007 / 6TH AGRAHAYANA 1929 MFA.No. 255 of 2002() --------------------- OPMV.10/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT: CLAIMANT ------------------- ANILKUMAR.P.G.,PUTHUSSERIKUNEL HOUSE, KANJIRAMATTOM,THODUPUZHA. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: RESPONDENTS ------------------------ 1. ANOOP ALIAS KOCHANUJAN,LEKSHMI NIVAS, PERUMPILLICHIRA,KUMARAMANGALAM,THODUPUZHA. 2. VASUNDHARA DEVI AMMA,K.J.KANNATTU HOUSE NEAR HEAD POST OFFICE,THODUPUZHA. 3. THE BRANCH MANAGER,THE NATIONAL INSURANCE COMPANY LIMITED,THODUPUZHA BRANCH. BY ADV. SRI.M.A.GEORGE FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.255 OF 2002 (A) ----------------------------------- Dated this the 27th day of November, 2007 J U D G M E N T KOSHY,J. Appellant claimant met with an accident by which he suffered personal injuries. He sustained serious injuries including depressed compound fracture of the skull. He had to undergo emergency surgery and had to be treated as an inpatient from 15.8.1995 to 22.8.1995 and was undergoing treatment thereafter also. He claimed a compensation of Rs.4,50,000/-. Tribunal awarded only an amount of Rs.35,000/- and directed the 3rd respondent Insurance company to deposit the compensation. Only quantum of compensation is disputed in this appeal. 2. According to the claimant, he was running a provision store by name R.R.Traders in Kanjiramattom Junction in Thodupuzha Town. As a result of the accident the appellant MFA.255/2002 2 could not attend the shop and had to take six months complete bed rest as a result of the injury to his skull. The appellant was thereafter suffering from severe headache and could not lift weights and was unable to do his day todays affairs as usual. Tribunal found that considering the nature of injuries, he would not have been able to work for two months. Even though he claimed Rs.3,500/- as monthly income, tribunal has fixed only Rs.1,500/-. We are of the opinion that he was running a provision store. But there is no evidence to show his income. But he was maintaining the family and he was an earning member. Here Rs.2,500/- can be taken as the monthly income. If that be so, for two months, he will be entitled to another Rs.2,000/- more for loss of actual wages. He was referred from the District Co-operative Hospital to M.M.M.Hospital, Kolencherry. Exts.A8 and A12 certificates show that for injuries and for treatment, medical bills produced was for Rs.14,485/-. We are of the opinion that apart from the actual medical bills, once a person is admitted in the hospital, there would be many expenses in connection with the treatment. We award Rs.3,000/- more for medical expenses. His disability certificate was produced and there was no evidence that he suffered MFA.255/2002 3 permanent disability. Exts.A11 wound certificate and A12 discharge summary shows that he may have some after effects. We are of the opinion that in view of the fracture to the skull, Rs.2,500/- can be awarded for loss of amenities. Thus claimant will be entitled to an additional amount of Rs.7,500/- over and above the amount awarded by the tribunal. The above additional amount should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit. On deposit of the above amount, appellant is allowed to withdraw the same. With the above observations this appeal is partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.255 OF 2002 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 27th November, 2007