IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 MACA.No. 324 of 2006() -------------------------------- OPMV.1488/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): PETITIONER ------------------------------------------ SIDHIQUE, S/O.BEERAN, AGED 36, KANJIRATHINGAL HOUSE, EDATHALA NORTH.P.O, ALWAYE, ERNAKULAM. BY ADV. SRI.R.RENJITH RESPONDENT(S): ------------------------- 1. JESSY VINCENT, 17/1530, KATTIPARAMBIL HOUSE, MUNDANVELI, COCHIN.P.O. 2. SIVARAMAN, S/O.DASSARADHAN, KONGARAPPILLY HOUSE, VADUTHALA.P.O, ERNAKULAM DISTRICT. 3. THE ORIENTAL INSURANCE CO. LTD., SHAN COMPLEX, IST FLOOR, 6/990B, BAZAR ROAD, MATTANCHERRY, COCHIN. 4. THE ORIENTAL INSURANCE CO. LTD., P.W.A.BUILDING, BANK JUNCTION, ALUVA. 5. C.E.NAZAR, CHEMBIL HOUSE, THOTTUMUGHAM.P.O, KUTTAMASSERY, ALUVA. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 & R4 SRI.VPK.PANICKER FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.324 OF 2006 (A) ----------------------------------- Dated this the 17th day of September, 2008 J U D G M E N T KOSHY,J. Appellant/claimant sustained serious injuries in a motor vehicle accident on 28.4.2000. Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. However, the compensation calculated was directed to be paid by the 3rd and 4th respondents Insurance companies in equal proportion. Only dispute is regarding the quantum of compensation. As against a claim of Rs.5,00,000/-, only Rs.2,18,775/- was awarded as compensation. 2. Appellant was a head load worker. Ext.A10 is the attested copy of the identity card issued by the Assistant Labour Officer which shows that he was a registered head load worker. He claimed Rs.3,500/- as the monthly income. It is also contended that he was getting more than Rs.150/- per day. Even if he was getting Rs.100/- per day and he will MACA.324/06 2 get atleast 25 days work in a month, monthly income can be assessed as Rs.2,500/-, but Tribunal has fixed only Rs.1,500/- as the monthly income. We fix Rs.2,500/- as the monthly income. Medical Board certified that there is 17% disability. Disability certificate issued by the Medical Board is as follows: “Today, we the members of the Medical Board, examined Sri.Sidhik, 34 years, whose signature is given above for assessment of disabilities, if any, following an R.T.A. on 28.4.2000. He was a Head Load worker. He was treated initially at Medical Trust Hospital and then at Sri.Balaji Hospital, Coimbatore. As per the case study and treatment certificate, he had compound fracture of B(L) leg with degloving injury of left leg. Now he had complaints of 1. Cannot walk without crutches. 2. Numbness of left leg. 3. Pain on leg while weight bearing. 4. Difficulty to squat and climb stairs. On examination:- 100 anterior angulation of right leg and loss of sensation on the post anterior aspect of left leg and anterior leg. -Ankle extension 150 short. -Knee flexion is only 900. X-Ray left leg shows malunited # BB mid 1/3. Based on the above findings his orthopedic disability is assessed to be 17% (Seventeen) as per McBride guidelines.” MACA.324/06 3 There is no reason to disbelieve the disability assessed by the Medical Board. He was inpatient for 90 days in the hospital. He was 34 years old at the time of accident. Tribunal has taken 17 as the multiplier. Taking guidelines from the 2nd Schedule, no enhancement is required in the multiplier. Therefore, compensation payable for 17% disability will be Rs.2,500 x 12 x 17/100 x 17 = Rs.86,700/-. Tribunal has awarded only an amount of Rs.24,480/- towards disability. Therefore, additional amount payable for disability will be Rs.62,220/-. Tribunal found that he was unable to do any work for six months during the period of treatment. Tribunal has awarded Rs.9,000/- towards loss of earning for six months taking Rs.1,500/- as the monthly income. Since we have enhanced the monthly income to Rs.2,500/-, he is entitled to an additional amount of Rs.6,000/-. It is contended that he was treated in Medical Trust Hospital, Ernakulam, Specialist Hospital and thereafter in Balaji Hospital, Coimbatore. After 90 days of inpatient treatment, he had to go several times to various hospitals for treatment and physiotherapy. He is unable to do head load work even now. All the medical records were produced. It is submitted that only actual bills MACA.324/06 4 were reimbursed even though there will be many incidental expenses which are not reflected by the bills. He had to go several times to the hospital for treatment and consultation apart from 90 days inpatient treatment. It is also submitted that for attendant expenses only Rs.4,000/- was awarded even though he was inpatient for three months and for the entire period of treatment, he required an assistance. We are of the view that Rs.12,000/- more ought have been awarded considering the transportation expenses, medical expenses and attendant expenses. Therefore, additional amount payable will be Rs.80,220 rounded to Rs.80,000/-. The above amount of Rs.80,000/- should be deposited by the 3rd and 4th respondents Insurance companies in equal proportion after deducting the amount already deposited. On deposit of the amount, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp MACA.324/06 5 J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 17th September, 2008