IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 MFA.No. 955 of 2002 --------------------------- (OPMV.447/1999 ON THE FILE OF MACT, PATHANAMTHITTA) ................................. APPELLANT: PETITIONR IN THE O.P.M.V. ---------------------------------------------------------- V. MANIAMMA, W/O. UNNIKRISHNA PILLAI, CHERIYIL HOUSE, NELLICKAL, KOIPURAM P.O. BY ADV. SRI.P.S.NANDANAN SRI.B.SABU RESPONDENTS: RESPONDENTS IN THE O.P.M.V. -------------------------------------------------------------------- 1. V.K. KURIAKOSE, VALLAMTHARAYIL HOUSE, MARAMON P.O., THIRUVALLA. 2. RAJAN, S/O. MANI, KURIAKKATTIL HOUSE, KEEKOZHOOR, KEEZHUKARA MURI, KOZHENCHERRY P.O. 3. THE ORIENTAL INSURANCE CO.LTD., THIRUVALLA. R3 BY ADV. SRI.VPK.PANICKER THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K. Hema, JJ. -------------------------------------- M.F.A. No. 955 of 2002 --------------------------------------- Dated this the 13th day of March, 2008 Judgment Koshy, J. Appellant/Claimant sustained head injury in a motor accident on 11.1.1999. She claimed a compensation of Rs.Two lakhs. The tribunal awarded Rs.78,900/= inclusive of medical expenses and directed the third respondent insurance company which insured the offending vehicle to deposit the same. The only dispute is regarding the quantum of compensation. Even though she claimed that she was earning Rs.3,000/- per month, in the absence of evidence, tribunal fixed Rs.1,500/- as the monthly income. We see no ground to challenge the same. She was aged 38 years and tribunal fixed 12 as the multiplier. Taking guidance from the second schedule, we fix 16 as the multiplier. As regards the injuries are concerned, Ext.A6 wound certificate shows the following injuries: "1. Lacerated wound on the occipital region 4 x 2 c.m. bone deep with irregular margins-bleeding present; M.F.A. No. 955/2002 2 2. Lacerated wound upper lip 2 x 1 c.m. with irregular margins with bleeding; 3. Lacerated wound right lateral angle of eye 1 c.m. long with irregular margins and bleeding; 4. Small abrasion on the left forearm and right supra orbital region; and 5. Intracranial haemorrhage and cerebral oedema." It also shows that in view of the seriousness of injuries, she was referred to a major hospital, Pushpagiri Hospital, Thiruvalla from Poyanil Hospital, Kozhencherry and Ext.A7 certificate issued from the Pushpagiri Hospital shows that there was subarachnoid haemorrhage, subdural haemorrhage, cerebral oedema and haemorrhagic contusion in the brain. She was in the hospital for about 13 days. The doctor attached to the Government Hospital, Chengannur shows her disability as 40%. It was also noticed that she was suffering from vertigo following head injury. Ext.A8 is the certificate issued by Dr.Unni Parakkal, Senior Consultant Neuro Surgeon attached to Pushpagiri Hospital wherein 30% disability is assessed. Evidence would show that the appellant needs M.F.A. No. 955/2002 3 continuous treatment till the end of her life and she may not be able to do any normal work or any hard work. She deposed that she cannot even hold a tumbler without the help of others. She was earlier unconscious for three days and considering the difficulties and head injuries, we are of the view that there is no reason to reduce the disability certified by the Neuro Surgeon. If that be so, compensation ought to have awarded for 30% disability. Therefore, compensation payable will be Rs.1500 x 12 x 16 x 30 = 86,400/- 100 The tribunal has awarded only Rs.32,400/- for disability and loss of earning power. Therefore, additional compensation payable will be Rs.54,000/- over and above the amount decreed by the tribunal. Even though it was argued that amount awarded for reimbursement of medical expenses, pain and suffering and also amount awarded under other heads are very inadequate, considering the total amount awarded, we are not enhancing the compensation granted under other heads. The additional amount of Rs.54,000/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit. Since the M.F.A. No. 955/2002 4 accident occurred in 1999, on deposit of the amount, appellant is allowed to withdraw the same. J.B.Koshy Judge K. Hema Judge vaa M.F.A. No. 955/2002 5 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No.955 of 2002 ------------------------------------- Judgment Dated:13th March, 2008