IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 MACA.No. 252 of 2004() ---------------------- OPMV.1127/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): APPELLANT/APPLICANT --------------------------------- JACOB PAUL, AGED 42, MANAKKAL VEEDU, NEAR VITTIYAM AMMACHIPLAVU, PUNNATHANAM MURI, VILAPPIL PEYAD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): RESPONDENTS -------------------------- 1. S.SUSEEL KUMAR, OTTAPLAVILA PUTHENVEEDU, PULIYARAKONAM, THIRUVANANTHAPURAM. 2. SATHEESHKUMAR.D., CHIRAYIN MELE PUTHEN VEEDU, PUNNATHANAM, VILAPPILSALA P.O., THIRUVANANTHAPURAM 3. THE MANAGER, ORIENTAL INSURANCE COMPANY LTD., RAMAKRISNHNA BUILDING, ARISTO JUNCTION, THIRUVANANTHAPURAM. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.252 of 2004 .................................................................... Dated this the 18th day of June, 2009. JUDGMENT Abdul Rehim, J. The claimant in O.P.(M.V.) No.1127/2000 on the files of Motor Accidents Claims Tribunal, Neyyattinkara is the appellant. He sustained injuries when a truck hit against the motorcycle driven by him. As per Ext.A3 wound certificate, the appellant sustained lacerated wound on the right side of his forehead and a lacerated injury on the right thigh. Ext.A4 is the treatment certificate issued from Medical College Hospital, dated 29.11.2001, which showed that apart from the abovesaid injuries there was depressed fracture of the right frontal bone. But the Tribunal has not accepted Ext.A4 certificate and discarded the version that the appellant sustained fracture to the frontal bone. Therefore, inspite of production of medical bills worth Rs.3,229/-, the Tribunal awarded only an amount of Rs.2,000/- towards medical expenses. The appellant had produced Ext.A6 disability certificate issued by the Associated Professor, Department of Surgery, 2 Medical College Hospital, Trivandrum, in which it is stated that there is persistent permanent disability of 23%. Since Ext.A4 certificate was discarded by the Tribunal, nothing was allowed as compensation for permanent disability. From Ext.A4 it is evident that the appellant was treated at Medical College Hospital as inpatient for about 15 days. The total compensation calculated by the Tribunal is Rs.15,000/-. Finding that there is 10% contribution of negligence on the part of the appellant in causing the accident, the amount allowable to the appellant is fixed at Rs.13,500/-. 2. Counsel for the appellant made available copies of Exts.A3 and A4 for our perusal. Ext.A3 is copy of accident register-cum-wound certificate issued from the Medical College Hospital, Trivandrum on 11.8.2000, i.e. on the date of the accident itself. The injuries noted therein are lacerated injuries on the right side of forehead and on right thigh. Ext.A4 is the treatment certificate issued by the Assistant Professor of Surgery, Medical College Hospital, Trivandrum. The said certificate is dated 29.11.2001. The date of admission noted in that certificate is 11.8.2000 itself and date of discharge is 25.8.2000. It is 3 stated therein “Admitted after R.T.A. Lacerated wound frontal region and Rt. thigh. Depressed fracture right frontal bone.” On a comparison of Exts.A3 and A4 it could not be discarded that the depressed fracture noted in Ext.A4 is not caused due to the accident. But it is evident from the description about the fracture itself, that the same is only of a minor nature. However, it is evident that the appellant underwent inpatient treatment in the Medical College Hospital for about 15 days. Even though the appellant had produced the disability certificate, it is not proved through the Doctor who had issued the same. 3. On consideration of the facts and circumstances, there is no probability of having 23% disability for the injury noted in Ext.A4. The depressed fracture was noticed only in the Scan report. Therefore, we are not inclined to accept the percentage of disability assessed under Ext.A6 certificate. However, considering the amount given under various heads and on considering the length of treatment undergone and also the expenses incurred for the treatment, we feel that the compensation awarded by the Tribunal is on the lower side. On an overall evaluation of the facts and evidence on record, we feel that 4 enhancement of compensation payable to the appellant by an additional sum of Rs.15,000/- will be reasonable and justifiable in order to meet the ends of justice. 3. In the result, the appeal is partly allowed enhancing the compensation payable to the appellant by an additional sum of Rs.15,000/- (without any further deduction). The additional compensation will carry interest at the rate of 9% p.a. from the date of application till date of payment. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms