IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 MACA.No. 1484 of 2008() -------------------------------- OPMV.338/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S):/PETITIONER -------------------------------------------- ABDUL SALAM, S/O.LATE ABDULLA, MANJAKARA VEEDU, MANKARA POST, NOW RESIDING AT `VYSAKH', SBI COLONY, PALAPPURAM POST, OTTAPALAM. BY ADVS. MR.E.R.VENKATESWARAN MR.R.SREEHARI RESPONDENT(S): RESPONDENTS ------------------------- 1. ABDUL NAVAS, S/O.ABDUL AZEEZ, 7/135, AJEEZ MANZIL, KOPPAM, PALAKKAD (DRIVER CUM-OWNER OF CAR NO. KL 9P 838). 2. HDFC CHUBB GENERAL INSURANCE COMPANY LIMITED, 5TH FLOOR, EXPRESS TOWERS, NARIMAN POINT, MUMBAI-400 021, (POLICY CERTIFICATE NO.VP 0009560 30000100). R1 BY ADV.MR.K.ANAND THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1484 OF 2008 ............................................. Dated this the 24th day of September, 2009 This is an appeal preferred against the award of the Claims Tribunal, Ottapalam in OP(MV)No.338/2005. The Claimant, a 20 year old bakery worker, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.55,970/= of which Rs.25,251/= represents the treatment expenses at that point of time. It is aggrieved by that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant. A perusal of the award and the documents would reveal that the claimant had sustained a fracture of both bones - fibula and tibia and he was treated as an inpatient in a hospital for a period from 28.1.2005 to 4.2.2005 and was discharged with plaster cast. Ext.A7 is the certificate produced by him to show that he requries an additional sum of Rs.12,000/= for removal of the implantation. The award itself would reveal that the claimant was treated with interlocking nail on the right side. It has to be stated that the expenditure incurred is subsequent to the passing of the award. But, : 2 : M.A.C.A.NO.1484 OF 2008 even in the claim petition the claimant has made a clear note to the effect that he requires money for the purpose of future medical expenses. Subsequent to the filing of the appeal, the claimant has produced the documents evidencing the amount expended for the surgery for removal of implantation. He has produced those documents along with I.A.No.2133/2009. Since he was not in a position to produce that documents for the reason that it was incurred subsequently it has to be stated that in spite of due diligence he could not have produced that documents and therefore extending the principle under Order 41 Rule 27 of the C.P.C, the said documents are received in evidence. I feel that there is some more entitlement for the claimant to receive the compensation. So far as the disability compensation is concerned, the multiplier used is only 16 whereas as per the table seen in the decision reported in Sar la Varma v. Delhi Transport Corporation (2009 ACJ 1298) the appropriate multiplier for the age group 15 to 20 and 21 to 25 would be 18. Here only the multiplier of 16 is used so that an additional multiplier of two is used for : 3 : M.A.C.A.NO.1484 OF 2008 the percentage of disability of 3% with the income of Rs.24,000/=. Thus the annual additional compensation comes to Rs.1,440. A young man aged 20 years has sustained fracture and disability has been caused to him and therefore certainly it will affect his enjoyment in life. For loss of amenities and in enjoyment in life, I am inclined to grant a sum of Rs.5,000/= as compensation. It is true that the documents are produced in the appeal stage and it is not possible for this court to examine the witnesses to prove the same but taking into consideration the aspect that Ext.A7 indicates the expenses that is to be borne for removal of the implantation with the documents that is submitted before me, I am inclined to grant a sum of Rs.10,000/= for future medical expenses. Thereby the claimant is awarded an additional compensation of Rs.16,440/= In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.16,440/= out of which Rs.6,640/= will bear the interest at the rate of 8% from the date of petition till realisation and : 4 : M.A.C.A.NO.1484 OF 2008 the sum of Rs.10,000/= would bear the interest at the rate of 8% from 1.2.2009 and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date date of receipt of a copy of this judgment M.N.KRISHNAN, JUDGE cl : 5 : M.A.C.A.NO.1484 OF 2008