IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 MACA.No. 2075 of 2005() ----------------------- OPMV.1033/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER: -------------------------------------- POLY, S/O.VAREETH, AGED 27 YEARS, EARLY HOUSE, KALLAKODE KARA, AUYYAMPUZHA VILLAGE. BY ADV. SRI.WILSON URMESE RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. V.V.JOSE, S/O.VAREETH, AGED 30 YEARS, VADAKKUMCHERRY HOUSE, UPPUKALLU, AYYAMPUZHA P.O. 2. UNITED INDIA INSURANCE CO.LTD. DO.NO.03, JOS TURST BUILDING, CHITTOOR ROAD, COCHIN 682 035. ADV. SRI.DINESH MATHEW J.MURICKEN FOR R1 SRI.P.SANKARANKUTTY NAIR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ M.A.C.A.NO: 2075 OF 2005 ----------------------------------------------------------- Dated this the 19th August, 2008. JUDGMENT The-appellant claimant sustained injuries on 9.4.1999 in a motor accident. The Tribunal awarded Rs.37,000/- and directed second respondent-insurance company, who insured the vehicle to deposit the amount. Only the quantum of compensation is disputed in the appeal. With regard to the injuries the Tribunal considered the medical certificate at paragraph 9 as follows:- “In this case the petitioner has sustained fracture on his right ankle joint that is evident from Ext.A3 medical certificate. Ext.A6 is the disability certificate issued by the St. James Hospital, Chalakkudy stating that he has got 8% disability assessed as per Mcbride's scale. Ext.A7 is the discharge certificate which shows that the petitioner was admitted in the hospital on 9.4.1999 and discharged on 21.4.1999 actually he was in the hospital for 12 days. He has produced Ext.A8 series of medical bills which will amount to Rs.8,819/- i.e rounded as Rs.8,820/-/ In this case the Doctor was examined as P.W.1. According to him he was an Orthopaedic Surgeon at St. James Hospital, Chalakkudy and he examined the petitioner having the age of 27 years and issued Ext.A7 certificate. According to him the treatment given was wound debridement and reduction of dislocation and plaster was applied. Plaster was removed on 28.5.1999. According to him he is having pain and stiffness of left feet and ankle and difficulty in walking. On clinical examination, the left ankle movement range was 900 to 1200 of planter flexion. The left substalar and mid tarsal joint movements were grossly restricted. The X-ray showed evidence of traumatic astheritic changes of left sub talar joint and mal union of fragment of calcanium at sub talar joint and on the basis of the finding assessed the disability as 8% in respect of his whole body. According to him a further treatment is required and an amount of Rs.15,000/- is needed for the same. In cross-examination he has stated that the MACA 2075/05 2 malunion of calcanium cannot be corrected by operation and the petitioner was not able to walk at the time of examination. So, according to the evidence of P.W.1 the petitioner has suffered 8% of disability due to the fracture sustained to the left ankle joint.” 2. However, the 8% permanent disability certified by the doctor who was examined as P.W.1, was not accepted by the Tribunal on the ground that permanent disability was not mentioned in the discharge certificate. Assessment of permanent disability is not usually done while discharging a patient. Ext.A6 is the disability certificate. However, the fracture is only in the left ankle. 3. Considering the nature of injuries sustained, the Tribunal ought to have granted at least compensation for 5% disability. According to the claimant he was a businessman getting Rs.4,500/- per month. In the absence of evidence, Tribunal fixed Rs.1,500/- as monthly income. He was 27 years old. Taking guidance from second schedule, 18 can be fixed as the multiplier. The Tribunal ought to have fixed his wages at least Rs.100/- per day and for 25 days work he may get a minimum of Rs.2,500/-. If that be so, compensation payable at 5% disability will be Rs.27,000/- (2500x12x5/100x18). Tribunal has granted only Rs.8,640/-. So, the additional amount payable for permanent disability will be Rs.18,360/-. Tribunal found that for three months he was unable to do any work and granted Rs.4,500/- taking monthly income as Rs.1,500/-. Since monthly income was raised to Rs.2,000/- he was entitled to get Rs.1,500/-. The Tribunal has granted adequate compensation under MACA 2075/05 3 other heads. Additional compensation will be Rs. 19,160/-. 4. The above additional amount should be deposited by the second respondent-insurance company with 7.5% interest from the date of application till its deposit over and above the amount decreed by the Tribunal. Appeal is party allowed. J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: