IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 MFA.No. 535 of 2001(C) --------------------------------- O.P(MV).NO.2307/1995 OF ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/ PETITIONER: -------------------------------------- T.S. BIJU, AGED 25 YEARS, SON OF SRI. SREEDHARAN, THOPPIL HOUSE, ELOOR NORTH, UDYOGAMANDAL. BY ADV. SRI.ANIL S.RAJ, SMT.K.N.RAJANI, SRI.RADHIKA RAJASEKHARAN P. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. V.J. JOSEPH, S/O. ULAHANNAN, VELLANJIYIL HOUSE, OLAMATTOM, THODUPUZHA. 2. GEORGE @ ROY, S/O. ANTONY, NJARAKANDATHIL HOUSE, MUTHALAKODAM, THODUPUZHA. 3. THE UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, COCHIN -16. 4. SMT. SUDHA SASIDHARAN, W/O. SASIDHARAN, KARIKODU VASATHY, ELOOR, UDYOGAMANDAL. 5. THE NEW INDIA ASSURANCE CO. LTD., ALWAYE. BY ADV. SRI.K.K.M.SHERIF - R5, SRI.MATHEWS J.NEDUMPARA - R3. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 21/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.535 OF 2001 (C) ----------------------------------- Dated this the 21st day of February, 2008 J U D G M E N T KOSHY,J. Appellant claimant at the age of 19, suffered serious injuries in a motor accident on 26.3.1995 and as a result of which, he had fracture of right clavicle and scapula and injury to the nerve of his right branchial plexas which resulted in axillary nerve palsy. No disability certificate was produced. Even though he claimed that he was earning a monthly income of Rs.2,500/-, no evidence was adduced regarding his income. Tribunal has taken only Rs.1,500/- as the monthly income. We see no ground to interfere in the same as he was only 19 years old and incident occurred in 1995. Even though tribunal found that he had permanent disability, the percentage was not assessed but Rs.10,000/- was awarded as a lump sum. Considering the two fractures and axillary nerve palsy, we are of the opinion that tribunal ought have awarded Rs.5,000/- MFA.535/01 2 more that is awarded by the tribunal for permanent disability, even though in the absence of data, compensation cannot be granted on a multiplier method. Medical expenses were reimbursed and compensation granted for pain and sufferings itself was just and reasonable. Therefore the additional amount of Rs.5,000/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit and 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.535 OF 2001 (C) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 21st February, 2008