IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MACA.No. 703 of 2005() -------------------------------- OPMV.1399/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: ----------------------------------- VINU @ VINESH, S/O. VIJAYAN, ARTHAT HOUSE, KARIKAD, P.O. KUNNAMKULAM THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. C.V. KUNJURAM, CVK BINDING KOTTAYIL ROAD, KUNNAMKULAM, THRISSUR DISTRICT. 2. WILSON, S/O. MATHUKUTTY, CHERUVATHUR HOUSE, KUNNAMKULAM P.O., THRISSUR DISTRICT. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, GURUVAYUR ROAD, KUNNAMKULAM. ADV. SRI.DILIP J. AKKARA FOR R1 & R2 SRI.GEORGE CHERIAN (THIRUVALLA), SC FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.A.C.A. No. 703 of 2005 --------------------------------------- Dated this the 5th day of November, 2008 Judgment Koshy,J. Appellant/Claimant sustained injuries in a motor accident. He claimed a compensation of Rs.5,27,000/- inclusive of medical expenses of Rs.18,000/-. Total amount awarded by the Tribunal is only Rs.2,27,200/-. The only dispute is regarding the quantum of compensation. According to the appellant, he was a gold worker earning Rs.3,500/- per month, but, there was no satisfactory evidence produced to show that he was employed thus. However, the Tribunal has taken Rs.2,000/- as the monthly income. He was aged about 20 years at the time of accident. The accident occurred in the year 2000. We see no ground to enhance the monthly income fixed by the Tribunal. Considering his age and taking guidance from the second schedule 16 was taken as the multiplier. The doctor certified 40% disability. Ext.A8 is the discharge summary issued from West Fort Hospital showing inpatient treatment from 28.1.2000 to 20.2.2000. Ext.A9 is the scan report which refers to left renal trauma with fracture of the kidney M.A.C.A.No.703/2005 2 and large collection of blood and urine and thickening of left crura of the diaphram and bilateral pleural effusions. Ext.A10 series are prescriptions. Ext.A11 is a disability certificate issued by Dr. A.C. Velayudhan, Consultant Urologist reporting 40% permanent disability. It is stated therein that the spleen and left kidney of the petitioner were removed in a major life saving surgery and he is now having low back pain and always feelings of general weakness and occasional occurrence of fever, abdominal pain, distension of abdomen, difficulty to climb steps and decreased body resistance. It is also reported that the expectancy of life is considerably reduced. Ext.A12 series are photographs showing the operated portions of the body. Ext.A11 shows that there is 40% disability. The Tribunal has taken only 30% disability. There is no reason for discrediting the medical certificate. According to the claimant, he lost 100% earning capacity and because of the injuries and consequences occurred to him at the age of 20, he is unable to do any work. We are of the opinion that compensation ought to have been granted at least for 40% disability. If that be so, compensation payable for permanent disability and loss of earning capacity will be Rs.2,000 x 12 x 16 x 40 = Rs.1,53,600/-. The Tribunal has 100 M.A.C.A.No.703/2005 3 granted Rs.1,15,200/- under this head. Therefore, additional compensation payable will be Rs.38,400/-. He has produced medical bills for Rs.77,582/-. Considering the treatment, he wants further medication inclusive of reimbursement of medical expenses actually incurred, transportation to hospital, bystander's expenses etc. Only Rs.80,000/- was awarded under that head. Bystander was necessary for many months as treatment continued for a long period. We are of the opinion that another Rs.15,000/- ought to have been awarded under these heads. Therefore, additional amount payable is Rs.53,400/-. The above Rs.53,400/- should be deposited by the third respondent insurance company with7.5% interest from the date of application till its deposit over and above the decreed amount by the Tribunal. On deposit of the amount, appellant is allowed to withdraw the same. The appeal is allowed partly. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.A.C.A.No.703/2005 4 M.A.C.A.No.703/2005 5 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.A.C.A.No.703/2005 ------------------------------------- Judgment Date:5th November,2008