IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 MACA.No. 181 of 2003() -------------------------------- OPMV.703/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER ------------------------------------- K.K.RIYAS, S/O.ALIYAR, KATTIPARAMBU KAROTTU VEEDU, MUPPATHADOM P.O., ALUVA. BY ADV. SRI.M.A.ASIF RESPONDENTS/ RESPONDENTS ----------------------------------------------- 1. ANNIE VARKEY, KORATHUKULANGARA HOUSE, NEAR WEST CHURCH, ANGAMALY. 2. SUNIL KUMAR, S/O.NARAYANAN, PUTHENVEETTIL HOUSE, NEAR S.N.JUNCTION, THRIPUNITHURA. 3. THE UNITED INDIA INSURANCE COMPANY LTD., 4TH FLOOR, VETTUKATTIL BUILDING, JOS JUNCTION, ERNAKULAM. ADV. SRI.P.SANKARANKUTTY NAIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.A.C.A. No.181 of 2003 --------------------------------------- Dated this the 7th day of July, 2008 Judgment Koshy,J. Appellant/Claimant at the age of 12 sustained injuries in a motor accident. The tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company. The only dispute is regarding the quantum of compensation. 2. With regard to the injuries, it is found by the tribunal as follows at paragraph 10 of the award: "It is proved by medical records that in the accident the petitioner sustained lacerated wound on the right lower thigh 15 x 10 c.m., lacerated wound on the anteremedial aspect of right leg 15 x 6 c.m. bone exposed, lacerated wound on the posterior aspect of right leg, loss if skin and muscles, bleeding present, lacerated wound on the dorsum of right feet 6 x 1 c.m., abrasion on the right leg laterally and right feet dorsaly and fracture of both bone upper third of right leg. Ext.A5 which would further show that the petitioner was admitted in the hospital on 10.8.1996 and discharged on 14.9.1996. Ext.A6 is a discharge summary which would indicate that the petitioner was admitted in the hospital on 10.8.1996." M.A.C.A.No. 181/2003 2 Ext.P7 is the disability certificate issued by the medical board of General Hospital, Ernakulam. Medical board has assessed 20% permanent partial disability. One of the doctors of the medical board was examined as PW2. He asserted that the disability was whole-body disability. According to the tribunal, as per the certificate it can only be disability to that particular limb. Medical certificate reads as follows: "Certified that we, the Medical Board members have examined, Master Riyas, Kattiparambil Karottu, Muppathadam, whose signature is given above and found that he is an orthopaedically disabled person having post trauma sequelae right lower limb (# BB U/3rd with extensive soft tissue laceration medial and posterior aspect of calf right) with limitation of flexion of knee and stiffness of ankle with difficulty in squatting and limping on walking and the permanent partial physical disability is assessed to be 20% (Twenty percent)." It is not stated in the certificate that the disability is to that limb only. PW2 doctor has stated that it is whole-body disability as certified. But, tribunal has taken only 6% disability and calculated compensation. The tribunal ought to have accepted the percentage of permanent disability assessed by the medical board and proved by PW2. The tribunal has taken Rs.1,500/- as the monthly income. As per the second schedule, only Rs.15,000/- can be taken as the M.A.C.A.No. 181/2003 3 notional annual income of a non-earning person and multiplier is 15. If that be so, compensation payable will be Rs.15000 x 15 x 20 = 100 Rs.45,000/-. The tribunal has awarded only Rs.16,200/-. So, additional compensation payable will be Rs.28,800/-. The above amount of Rs.28,800/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit. The accident occurred in 1996. 11 years have passed now. Therefore, on deposit of the amount, the appellant is allowed to withdraw the same. J.B.Koshy Judge P.N.Ravindran Judge vaa M.A.C.A.No. 181/2003 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.C.A. No.181 of 2003 ------------------------------------- Judgment Dated:7th July, 2008