IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 MFA.No. 769 of 2001() --------------------- APPELLANT/PETITIONER: ------------------------------ FATHIMA, W/o. SIDHIQUE, KUNNAMKANDATH HOUSE, PATTIKKAD P.O., MUDICODE VATTAKKALLU, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS/RESPONDENTS: ------------------------------------- 1. K.O.MARTIN, KOONATHAL HOUSE, OKKAL P.O., PERUMBAVOOR. 2. SEBASTIAN S/o. OUSEPACHAN, KOONATHAL HOUSE, NEAR R.C.CHURCH, OKKAL CHELAMATTOM VILLAGE, KUNNATHUNADU, ERNAKULAM. 3. M/s. UNITED INDIA INSURANCE CO. LTD., N.H.ROAD KALOOR, ERNAKULAM COCHIN- 682 017. R3 BY ADV. SMT.P.A.REZIYA THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.769 OF 2001 () ----------------------------------- Dated this the 5th day of February, 2008 J U D G M E N T KOSHY,J. Appellant claimant met with an accident by which she suffered serious injuries. She claimed a compensation for Rs.2 lakhs. Tribunal awarded only Rs.32,000/- after holding that accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. Only dispute is regarding the quantum of compensation. 2. With regard to the injuries tribunal found as follows: “After the accident the petitioner was taken to Aswini Hospital, Thrissur as evident from Ext.A3, which is the copy of the wound certificate. There were 5 lacerated wounds on different parts of the body and there were tenderness and abrasions also. Ext.A7 is the discharge summary card which would reveal that she had sustained a fracture to left femur, fracture to right collis and suspected crack fracture to the lateral femoral condyle of right knee. There was cerebral concussion also. CT Scan of the head showed no fracture or haematoma. Ext.A8 treatment certificate would reveal that fractured femur was openly reduced and fixed by nailing. The fracture of MFA.769/2001 2 the radius and ulna of right forearm were reduced and plaster cast was applied. He was treated with relevant antibiotics, blood transfusion and other supporting measures. Hospitalisation was uneventful. Sutures were removed on 31.12.1996 and she was discharged on 1.1.1997. Ext.A4 is another discharge summary issued by the Metropolitan Hospital which would go to show that she was admitted to that hospital on 31.12.1997. She was admitted with complaints of persistent pain and difficulty in walking. There was deformity with shortening. X-ray taken on 29.10.1997 shows non union of fracture shaft of femur with retained loose K nail. On 1.1.1998, under spinal anesthesia K nail was removed and refixed with interlocking. She was discharged on 9.1.1998. Ext.A5 is another discharge summary issued by the Metropolitan Hospital which would go to show that she was again admitted to that hospital on 26.9.1999 for the removal of implants. This time shaft of femur was united and the implants were removed. She was discharged on 28.9.1999. Ext.X1 disability certificate was issued by the Medical Board assessing 9% disability. Tribunal accepted 9% disability. Since she was 28 years old at the time of accident, taking guidelines from the 2nd Schedule, 18 was fixed as the apt multiplier. We see no ground to enhance the same. Only Rs.1,000/- was taken as the monthly income. We are of the opinion that even the notional wages of the non-earning person can be fixed as Rs.1,250/- (Rs.15,000/- per year) as can be seen from the MFA.769/2001 3 2nd schedule and if that be so, compensation for loss of earning power and disability will be Rs.15,000 x 18 x 9/100 = Rs.24,300/-. Tribunal has awarded only Rs.19,440/- towards loss of earning power and disability. Therefore appellant is entitled to an additional amount of Rs.4,860/- on that ground. Tribunal found that she was unable to do anything for one year and awarded Rs.12,000/- for loss of earning for one year as during the above period she was under treatment. Since we have enhanced the notional income to Rs.15,000/-, she will be entitled to Rs.3,000/- more under that head. Medical expenses were reimbursed. We are of the opinion that compensation granted under other heads are just and reasonable. Thus additional amount of Rs.7,860/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal. Appeal is allowed to the above extent. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.769 OF 2001 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 5th February, 2008