IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 MACA.No. 36 of 2006() ------------------------------- OPMV.2503/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER. ------------------------------------- DIVAKARAN, S/O.VAVA, KOCHUPARAYIL HOUSE NEAR ATHIRAMPUZHA MARKET, PADINJATTUM BHAGOM KARA, ATHIRAMPUZHA VILLAGE. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: RESPONDENTS. ------------------------------------------------ 1. JOSEPH, S/O.JOSEPH, PUTHUSSERIL HOUSE, PADINJATTUMBHAGOM KARA, ATHIRAMPUZHA P.O. 2. SIJO JOSE, S/O.AT.JOSE, H.NO.2525, POLICE QUARTERS, THEVARA P.O. 3. THE UNITED INDIAN INSURANCE CO.LTD., KOCHI. ADV. SRI.P.R.RAMACHANDRA MENON FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & Thomas P. Joseph, JJ. -------------------------------------- M.A.C.A. No.36 of 2006 --------------------------------------- Dated this the 20th day of August, 2008 Judgment Koshy,J. Appellant/Claimant, at the age of 62, sustained very serious injuries in a motor accident. His injuries are mentioned by the Tribunal at paragraph 15 of the Award as follows: "Ext.A5 is wound certificate of petitioner. He sustained fracture both bone (L) forearm with lacerations over the forearm. Ext.A6 is treatment discharge card issued from Medical College Hospital, Kottayam. He initially remained hospitalised at Medical College Hospital, Kottayam from 29.6.2001 to 4.7.2001. He was treated by open reduction and internal fixation with bone grafting also. Ext.A6 is subsequent treatment discharge card which would reveal that petitioner got re-admitted at Medical College Hospital, Kottayam on 30.10.2002 and continued treatment upto 4.11.2002. He was admitted for plate and screw removal. Ext.A7 series are O.P. tickets which would reveal prolonged treatment underwent by petitioner after discharge from Medical College Hospital on two occasions, continued upto 29.8.2002. Ext.A9(a) is also O.P. ticket relating to treatment of petitioner. Ext.A10 is disability certificate. It contains the details of injuries sustained and the mode of treatment underwent. Initially, primary wound debridement was done on 29.6.2001 and thereafter open reduction and internal fixation was done for the left forearm fracture. It remained immobilised under cast for two months. The subsequent re-admission was on 30.10.2002 and discharged on 4.11.2002 for removal of plate and screw. The Ortho Surgeon noticed wasting of left forearm muscle, restriction in movements of left wrist, M.A.C.A.No.36/2006 2 both plantar and dorsi flexion. He certified 8% permanent disability." The Tribunal allowed Rs.15,000/- for permanent disability after taking his monthly income as Rs.1,500/-. He is aged 62. 5 is the apt multiplier taking guidance from the second schedule. Even if Rs.3,000/- is taken as the monthly income for permanent disability he will get only Rs.14,400/-. The Tribunal has awarded Rs.15,000/-. Therefore, compensation awarded for permanent disability cannot be enhanced. He produced Ext.A11 certificate showing that he was employed as a supervisor in Priyadarshini Hotel at Athirampuzha. The Tribunal took Rs.1,500/- as the monthly income because the above certificate was not proved. However, while calculating the compensation we have seen that the Tribunal has taken Rs.3,000/- as the monthly income. He was treated as an inpatient for 15 days on two occasions. Internal fixation was done. Bone grafting was also done. Later, internal fixations were removed. The Tribunal has granted three months’ actual loss of earning for the period of treatment taking Rs.1,500/- as the monthly income. We have seen that while calculating compensation for permanent disability, the Tribunal has taken Rs.3,000/- as the monthly income. He was maintaining a family. Therefore, Rs.3,000/- can be fixed as the monthly income and he will be entitled to Rs.4,500/- more than that is awarded by the Tribunal. The Tribunal has not awarded any amount for pain and suffering. Considering his age and operations done for internal fixation, M.A.C.A.No.36/2006 3 wound debridement etc., we are of the view that Rs.3,500/- ought to have been awarded by the Tribunal. The Tribunal has awarded Rs.2,333/- towards medical expenses considering Ext.A9 medical bills. For the inpatient treatment, he would have spent many expenses which will not be covered by bills. He also needed help of others during the treatment period. For medical and consequential expenses and bystanders' expenses, we award Rs.2,000/- more than that is awarded by the tribunal. Hence, the appellant is entitled to an additional amount of Rs.10,000/-. The above amount of Rs.10,000/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit over and above the amount decreed by the Tribunal. On deposit of the amount, the appellant is allowed to withdraw the same. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.A.C.A.No.36/2006 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.A.C.A. No.36/2006 ------------------------------------- Judgment Dated:18th August, 2008