IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 MFA.No. 1163 of 2000() -------------------------------- OPMV.1324/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT: PETITIONER ------------------ P.J.JOHN, S.O. JOSEPH, POOVAKKOT(H) POTTAASSERI, P.O. MANNARGHAT. BY ADV. SRI.A.R.GANGADAS RESPONDENTS: RESPONDENTS 1,2,4,5,6,7,8,9 & 3 AND 10. ----------------------- 1. M.V.MOHAAAMMED MUSTHAFA, S/O.K.M.VEERAN, AMINA MANZIL, OOTY ROAD, PERINTHALMANNA. 2. RAMADAS, S/O. VASU, CHIRAYIL HOUSE, MUDUKURUSSI, THACHAMPARA, MANNARGHAT. 3. THANKACHAN, S/O. ULAHANNAN, KOCHUKUNNEL HOUSE, PONCHOLA, P.O. MANNARGHAT. 4. GRACY, W/O. VARKEY. 5. VISHAK VARKICHAN, S/O. VARKEY, MINOR AGED 14 YEARS. 6. MERIN VARKICHAN, D/O. VARKEY, MINOR AGED 11 YEARS. 7. VINOI VARKICHAN, S/O. VARKEY, MINOR AGED 8 YEARS. 8. MARY ETTERRA, W/O. ETTERRA, RESPONDENTS 4 TO 8 RESIDING AT MANGALLY HOUSE, KANHIRAM, POTTASSERY P.O., MANNARGHAT. M.F.A. NO.1163/2000 9. UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY ITS REGIONAL MANAGER, HOSPITAL ROAD, ERNAKULAM. (ON BEHALF OF THE COMPANIES PERINTHALMANNA AND OTTAPALAM BRANCHES). (MINOR RESPONDENTS 5 TO 7 ARE REPRESENTED GUARDIAN AND MOTHER 4TH RESPONDENTS) BY ADV. SRI.T.M.SUNIL - R4 TO R8 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.1163 OF 2000 () ----------------------------------- Dated this the 1st day of February, 2008 J U D G M E N T KOSHY,J. Appellant claimant while travelling as a pillion rider met with a serious accident. He claimed compensation of Rs.4,50,000/-. Tribunal has awarded only Rs.70,950/- with 9% interest. Only dispute is regarding he quantum of compensation. 2. Ext.A11 is the wound certificate. The injuries noted are: 1. Lacerated wound 5 cm long infront of (R) ear; 2. Lacerated wound (R) temporal scalp region 2 cm long; 3. CT showed depressed fracture right tempera parietal bone with hemorrhagic contusion over right temporal lobe; MFA.1163/2000 2 4. Severe brain oedema; 5. Large scalp haematoma over right tempera parietal region. Exts.A12 and A12(a) are treatment cards of Moulana Hospital, Perinthalmanna as well as Manipal Hospital, Bangalore. Ext.A14 is the treatment certificate dated 20.9.1993 issued by the Neurosurgeon of Moulana Hospital. Patient remained unconscious for about 10 days and he was given tube feeding and tarsoraphy done to prevent exposure keratitis. Ext.A14(a) is yet another discharge certificate showing that depressed fracture was elevated under general anesthesia. He was discharged at request on 24.9.1993 after a period of 34 days prolonged hospitalisation at Moulana Hospital. Ext.A15 is the treatment certificate issued from Manipal Hospital, Bangalore stating that petitioner showed persistent post traumatic symptoms following head injury. He was continuing medication from Manipal Hospital. Ext.A15(a) shows that he was continuing his treatment. Tribunal found that for five months he was under treatment. Rs.14,500/- was allowed for pain and sufferings. Tribunal has also found that he MFA.1163/2000 3 almost escaped from death. Injury was very serious. For loss of amenities, Rs.10,000/- was awarded by the tribunal and Rs.10,000/- was awarded for shortened expectation in life. But no amount was awarded for disability and loss of earning power. Rs.14,000/- was allowed towards injury compensation. It is contended that because of the head injury he was unable to do any work and he is still suffering the after effects of the accident. He was only 29 years at the time of accident. But no certificate assessing disability by the Medical practitioner was produced before the tribunal or along with the appeal. No data was produced regarding his income even though during examination he stated that he was an agriculturist getting Rs.7,000/- per month, it was not proved. In the absence of data, we are not assessing compensation on a multiplier method and considering the seriousness of the head injury suffered by him, we award Rs.20,000/- more for loss of earning power and disability over and above Rs.14,000/- awarded by the tribunal as injury compensation. Out of the above Rs.20,000/-, Rs.15,000/- should be deposited by the 3rd respondent Insurance company and Rs.5,000/- by the 10th respondent Insurance company with 7.5% interest from the MFA.1163/2000 4 date of application till its deposit over and above the compensation awarded by the tribunal. On deposit of the 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.1163 OF 2000 (D) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 1st February, 2008