IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 MFA.No. 454 of 2003(F) --------------------------------- OPMV.610/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: PETITIONER: ---------------------- SUJITHA, S/O. LATE VELANDY, AGED 27 YEARS, RESIDING AT JANSHILE, VYTHIRI P.O., KUNNATHADIVAKA AMSOM, VYTHIRI, WAYANAD. BY ADV. SRI.M.P.ASHOK KUMAR SMT.K.P.SREELAJA RESPONDENTS: RESPONDENTS: ------------------------- 1. HARIDASAN, S/O. KARUPPAN, MULLANPARA, CHERATTY, RESIDING AT C.C. ESTATE, OLD VYTHIRI, WAYANAD. 2. I.KUNHABDULLA, S/O. LATE EBRAHIM HAJI, THERATH VEEDU, POCHERIPARAMBIL P.O., VILAYAPALLY. 3. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, KALPETTA, WAYANAD. BY ADV. SRI.M.M.HUSAIN FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.F.A.No.454 of 2003 ===================== Dated this the 13th day of June, 2008. JUDGMENT Koshy,J. The appellant sustained injuries in a motor accident on 10.1.1995. The appellant was aged 19 at the time of accident. While she was travelling in a jeep the offending vehicle hit the jeep and accident occurred. She was admitted in the nearby Government Hospital, Kalpetta and thereafter referred to the Medical College, Calicut. Ext.A8 is the O.P. ticket, Ext.A9 is the case records, Ext.A10 is the C.T. report, Ext.A12 is the disability and treatment certificate, Ext.A13 is the index card and Ext.A14 is the disability certificate issued by the doctor attached to the Medical College Hospital, Calicut, who treated the appellant. 2. The claim petition was heard along with seven other claims petitions. In all the claim petitions, the Tribunal found that the accident occurred as alleged and compensation was awarded for the injuries sustained and directed the third respondent - Insurance Company to deposit the amount. The MFA 454/03 -: 2 :- vehicle was insured at the time of the accident. But the claim petition filed by the appellant herein was rejected because from the O.P. ticket and the index card it was not clear that the injuries sustained are due to the accident in question. But the evidence in this case sufficiently prove that the appellant sustained injuries in the accident along with other claimants. Even the respondents had no case that she suffered injuries not by the accident. 3. The Tribunal has passed the award on the basis of the documents marked by the claimant. Immediately after the accident she was taken to the Government Hospital. Thereafter, she was referred to the Medical College Hospital, Calicut and treated there as inpatient. Ext.A9 is the case records. Ext.A10 dated 11.1.1995 is the C.T. scan report. The medical certificate shows that she sustained contusion and severe pain of the left side of the head, cerebral concussion, a piece of upper lip pealed off, severe pain on the teeth and severe headche. The treatment records show that she was an inpatient in the hospital for eight days (11.1.1995 to 19.1.1995). In an index card issued by the Government Medical College Hospital, Calicut, it is stated as MFA 454/03 -: 3 :- follows: "Referred from Govt. hospital, Kalpetta. Admitted with multiple injuries following alleged RTA CI scan. No trauma related intracramal lesion detected. X'ray skull, cervical spine, mandible NB detected. Scan by orthopaedic and dental surgeon. Treated course rating. Treated with - Cap. Mox 500 mg tds x 5 days Hexigel for local applicate C/o back pain Referred to Ortho." 4. We are of the opinion that she suffered injuries in the accident that occurred on 10.1.1995 along with other claimants where petitions were jointly tried by the Tribunal. Now the question is what is the amount of compensation to be awarded. In this connection, we award Rs.1,000/- for transportation to hospital, damage to clothing and extra nourishment. For cost of medicine Rs.5,000/- is claimed and towards by standers expenses Rs.2,500/- is claimed. The medical bills were not produced. We award Rs.4,000/- for cost of medicines and incidental expenses for inpatient treatment for 8 days at Calicut Hospital and Rs.1,500/- for bystanders expenses. For pain and MFA 454/03 -: 4 :- suffering, we are of the opinion that she is entitled to Rs.7,500/-. Ext.A12 is the disability certificate. Doctor certified 15% permanent disability for cervical spine injuries and also disfigurement, etc. due to peeling of a part of upper lip. She was aged 19. 16 is the apt multiplier taking guidance from the second schedule. According to the appellant, she was employed in Omega Printers for binding and composing and was en earning member. But no evidence was adduced to prove the same. Therefore, notional income for a non-earning person as per the 2nd Schedule can be taken. For 15% disability the compensation payable will be Rs.36,000/- (1500x15/100x16). It is submitted that being a girl of 19, for disfigurement, mental agony and taking into account the above circumstances, for loss of expectation of future married life, loss of amenities, etc, Rs.5,000/- is awarded. The total amount payable will be Rs.55,000/- against a claim of Rs.1,79,250/-. In the connected cases tried along with the claimant's case, it was found that the accident occurred due to the negligence of the driver of the jeep insured by the third respondent Insurance Company and that finding has become final. MFA 454/03 -: 5 :- 5. The awarded amount of Rs.55,000/- should be deposited by the third respondent - Insurance Company with 7.5% interest from the date of application till its deposit. On deposit of the amount, the appellant is entitled to withdraw the same. The appeal is partly allowed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 14/6 MFA 454/03 -: 6 :-