IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 MFA.No. 1094 of 2002(B) ----------------------------------- OP(MV).NO.4244/1995 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA. .................... APPELLANT/ PETITIONER: -------------------------------------- A.K.NANU, S/O.KUNHIRAMAN, AGED 40 YEARS, ARIYAKANDY HOUSE, VALAYAM P.O., KALLACHI, VIA. VADAKARA TALUK, KOZHIKODE- 673 517. BY ADV. SRI.JACOB ABRAHAM, ADV. SMT.KOCHUMOL KODUVATH. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. C.M.PRAKASAN, S/O. KELAPPAN, CHOYINANDI MEETHAL HOUSE, PUTHIYARAKKARA, VADAKARA P.O., KOZHIKODE DISTRICT. 2. KOTYADAN PARAMBATH K.V.VASU, S/O. NARAYANAN, AGED 50 YEARS, RAROTH MEETHAL HOUSE, KOOTHALI P.O., PERAMBRA,KOZHIKODE DISTRICT. 3. THE NATIONAL INSURANCE CO.LTD., P.B.NO.529, BRANCH OFFICE, JAIL ROAD, CALICUT. 4. MRS.PREMI RAPPAI, W/O. RAPPAI, PULLADAN HOUSE, CHIRACHIKULAM, OLLUR P.O., THRISSUR DIST. 5. P.J.JOHNSON, S/O. JOSE, AGED 34 YEARS, PALLIKUNNATH HOUSE, PAZHUVIL P.O., KURUMBILAD, THRISSUR DISTRICT. 6. THE ORIENTAL INSURANCE COMPANY LTD., MAHESWARI BUILDING, M.G.ROAD, AYYANTHOL, THRISSUR. R3 TO R6 BY SR. ADV. SRI. MATHEWS JACOB. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MFA No.1094 OF 2002 ===================== Dated this the 4th day of November 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Vadakara in O.P.(MV)No.4244 of 1995. The claimant, aged 40 years, sustained injuries in a road accident when two buses collided. The Tribunal found that drivers of both the buses were equally responsible and thereafter proceeded to grant a compensation of Rs.40,430/- with 9% interest. All the respondents were jointly and severally made liable to pay the amount. 2. I had perused the award and also the documents supplied by the learned counsel for the appellant. The claimant had suffered a degloving injury left foot exposing the bone and fracture right clavicle outer ¼ and contusion left knee joint and acromic clavicular dislocation right. He was treated in the Medical College Hospital, Kozhikode from 2.6.1995 to 6.6.1995. Later he was taken to the Kasturba Hospital in Karnataka where he was examined as outpatient on 7.6.1995. Redebridement of the wound was done on 9.6.1995 and skin grafting was done on 19.6.1995. The MFA 1094/2002 -:2:- fracture of the clavicle was treated conservatively and he was tested on 26.8.1995. It is very clear from the records available before the Tribunal that the claimant had sustained very serious injuries and had undergone treatment in two reputed hospitals, one as inpatient for about 5 days and the other for 21 days. Skin grafting was done and plaster cast was also applied. The Tribunal has granted Rs.1,500/- towards loss of earning. A man aged 40 years who had sustained a fracture of the clavicle with dislocation and a degloving injury which means exposure of the bone had undergone a prolonged treatment, certainly would not have been in a position to do any work at least for a period of six months. Therefore, taking the income at Rs.1,500/- the loss of earning for six months is granted as Rs.9,000/- out of which Rs.1,500/- being already granted an additional compensation of Rs.7,500/- is to be awarded. The Tribunal did not consider the fact that the claimant was an inpatient in a hospital at Manipal with an exposed bone which certainly would have required the assistance of others even for the primary necessities. Therefore I enhance the compensation towards by stander expenses by Rs.2,000/-. It is true that no disability certificate is produced in this case. But the fact remains that a prolonged treatment coupled with dislocation and fracture of the clavicle and exposure of bone with skin grafting stands established. It is certain that it would MFA 1094/2002 -:3:- have caused him temporary disability and loss of amenities and enjoyment in life. Therefore I am inclined to grant a minimum amount of Rs.10,000/- for the same. Therefore the claimant will be entitled to an additional compensation of Rs.19,500/-. In the result, MFA is partly allowed and the claimant is entitled to an additional compensation of Rs.19,500/- with 7% interest on the said sum from the date of petition till realisation and respondents 3 and 6 insurance companies are directed to deposit the amount in equal halves within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-