IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 MACA.No. 1796 of 2010 --------------------------------------- OPMV.1815/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT / PETITIONER: ------------------------------------------ GOKULNATH,S/O.RAVI, MANAKKATTIL HOUSE, P.O.VELLANCHIRA. BY ADV. SRI.V.BINOY RAM RESPONDENTS / RESPONDENTS: ----------------------------------------------------- 1. U.V.PRAKASH,ULLAPARAMBIL HOUSE, P.O.PALAYAMPARAMBU,ANNAMANADA - 680741. 2. MADHUSUDHANAN,S/O.ARAVINDAKSHAN, KALARIKKAL HOUSE,THIRUTHA DESOM,THIRUMUKKULAM VILLAGE - 680 012. 3. THE MANAGER,ORIENTAL INSURANCE CO.LTD, T.D.BUILDING,P.B.NO.158,ROUND WEST, THRISSUR-680 001. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1796 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January 2011 JUDGMENT Basheer, J. Appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act. He suffered Gr.III open fracture of 4th and 5th metatarsals apart from lacerated wound 8 x 4 x 1 cm. over the dorsum of right knee, and also abrasion over right elbow, right knee, etc. At the time of the accident, appellant was studying B.Tech. degree course in Electronics & Communication Engineering. Though Ext.A5, disability certificate, issued by the Assistant Surgeon & Orthopaedic Surgeon attached to the Government Taluk Head Quarters Hospital, Irinjalakuda was admitted in evidence that the appellant had suffered 10% disability due to the injuries sustained by him in the accident, the Tribunal observed that the disability was “not proved and factually also there is no such disability”. The Tribunal awarded only a total sum of Rs.15,500/- which comprised of compensation of a sum of Rs.10,000/- for pain and suffering, 5,000/- for loss of amenities and conveniences and Rs.500/- towards transportation expenses. It is pointed out by learned counsel that the fact that the appellant had undergone treatment as inpatient in the hospital for 12 days was totally overlooked by the Tribunal. Eventhough a moderate sum of Rs.2,500/- was claimed towards bystander's expenses, nothing was allowed. More importantly, the disability certificate produced by the appellant was discarded without any justifiable reason. We find considerable force in the above contention. In Ext.A5 certificate the doctor on examination had noted thus: M.A.C.A.No.1796 OF 2010 :: 2 :: “(a) Partial ankylosis of 3rd, 4th, 5th metatarsophalangeal joints (R) with restriction of extension. (b) partial ankylosis of (R) ankle. Functionally he has difficulty in standing on his toes; and running fast.” 2. Sri.VPK.Panicker, learned counsel for respondent No.3, submits that the above functional disability or difficulty as noticed by the doctor would have no impact on the earning capacity of the appellant even assuming he gets any employment after completing his engineering course. He submits that the court below was therefore justified in refusing to award any compensation to the appellant under the head of disability. 3. The above contention raised by the insurer is, in our view, preposterous, to say the least. Appellant was only 19 at the time of the accident. He was an engineering student. Even assuming he does not become a professional after completing his course, it has to be expected that he will have to live as a normal human being. It cannot be argued even for a moment that the appellant need not “stand on his toes or run fast” for the remainder of his entire life. As a human being he has to necessarily live a decent life and he is entitled to enjoy all his faculties. 4. In any view of the matter, the contention raised by respondent No.3 cannot be countenanced at all. Having regard to the entire facts and circumstances of the case particularly, keeping in view the nature of the injuries sustained by the appellant, we are satisfied that the appellant is entitled to get M.A.C.A.No.1796 OF 2010 :: 3 :: Rs.25,000/- under the head of disability. For loss of amenities, the Tribunal has awarded only a sum of Rs.5,000/-. Appellant shall be entitled to get a further sum of Rs.10,000/- under this head. Similarly for pain and suffering, the Tribunal has awarded only Rs.10,000/-. He shall be entitled to get an additional sum of Rs.5,000/- under this head. Towards bystander's and other medical expenses, appellant shall be entitled to get a total sum of Rs.7,500/-. Thus appellant shall be entitled to get a sum of Rs.47,500/- as enhanced compensation. The impugned award is modified to the above extent. Appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes