IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 MACA.No. 981 of 2004() ---------------------- OPMV.1561/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: -------------------------------------- SADANANDAN PANICKER, S/O. VASU PANICKER, MAPPLLAPARAMBIL, THIRUMOOLAPURAM BHAGOM, THIRUVALLA. BY ADV. SRI.K.A.HASSIM RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. SAJI ABRAHAM, THAZHCHAYIL HOUSE, NEAR NEELAMPEROOR TEMPLE, NELAMPEROOR KARA. 2. LINSON JOSEPH, S/O. JOSEPH, VAZHEYIL HOUSE, MONIPPALLY VILLAGE, DO. KARA. 3. NATIONAL INSURANE CO. LTD., KOTTAYAM BRANCH. ADV. SRI.MATHEWS JACOB (SR.) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.981 OF 2004 (G) ----------------------------------- Dated this the 8th day of August, 2008 J U D G M E N T KOSHY,J. Appellant/petitioner, at the age of 50, sustained injuries in a motor accident on 3.4.2000, while he was walking through the road, a tempo van driven by the 1st respondent, owned by the 2nd respondent and insured by the 3rd respondent Insurance company hit him and he sustained very serious injuries. He claimed a compensation of Rs.2,00,000/-. Tribunal has granted only Rs.24,500/- as compensation. Only dispute is regarding the quantum of compensation. 2. Ext.A6 wound certificate and Ext.A7 discharge card shows that he sustained injuries including fracture of scapula and multiple fracture of ribs. He was under inpatient treatment for eight days in Pushpagiri Hospital, Thiruvalla. No disability certificate was produced. He was aged 50 years MACA.981/04 2 at the time of accident. Tribunal found that he was unable to do anything for four months and Rs.6,000/- was awarded as loss of income. According to him, he was doing business. No evidence was adduced to show that he was earning Rs.6,000/- per month. Only Rs.1,500/- was taken by the tribunal as the monthly income. He was maintaining a family and in 2000, atleast he will earn Rs.100/- per day and for 25 days work, he will get Rs.2,500/- as the monthly income. Tribunal awarded loss of earning for only two months. We are of the view that since there is rib fracture, he has to suffer pain through out his life. He has to undergo treatment for atleast for four months, and therefore, four months loss of earnings ought have been awarded by the tribunal. If that be so, for loss of earning for the treatment period, he will be entitled to Rs.10,000/-. After deducting Rs.3,000/-, the additional amount payable will be Rs.7,000/-. Tribunal has reimbursed the medical bills. He claimed compensation for Rs.50,000/- for disability. It is contended that due to fracture of ribs as well as fracture of scapula, he is not able to do the work. In the absence of medical certificate, compensation cannot be granted to him for loss of earning power in a multiplier MACA.981/04 3 method. Considering all these aspects, for permanent disability, loss of earning power, loss of amenities etc. we are of the opinion that atleast Rs.10,000/- ought have been awarded. Tribunal has granted Rs.5,000/- for loss of amenities. So, he is entitled to Rs.5,000/- more. Therefore, additional compensation payable will be Rs.12,000/-. The above amount of Rs.12,000/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal, and on deposit of the same, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008