IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 MACA.No. 338 of 2005 ------------------------------------ OPMV.610/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/CLAIMANT: ANGADI PARAMBATH KUNHABDULLA, S/O.POCKER, AGED 51, VELOM AMSOM, CHERAPURAM DESOM, P.O.POOLAKOOL, VATAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS/RESPONDENTS 2 & 6: 1. JOSE PANIKKARA, S/O.GEE VARGHESE,ROSE VILLA, PUTHANVEEDU, EZHUKON, KOLLAM DISTRICT. 2. UNITED INDIA INSURANCE CO LTD., URACKAL BUILDING, TALUK JUNCTION, KOLLAM-691 001. 3. SHYAMALA SATHYABALAN, W/O.SATHYABALAN, AGE NOT KNOWN EDAKKULAM, EZHUKON, KOTTARAKKARA, KOLLAM DITRICT. 4. DR.UMESH, S/O.K.V.SATHYA BALAN, AGE NOT KNOWN, EDAKKULAM, EZHUKON, KOTTATAKKARA, KOLLAM DISTRICT. 5. SATHEESH, S/O.K.V.SATHYA BALAN, AGE NOT KNOWN, EDAKKULAM, EZHUKON, KOTTARAKKARA, KOLLAM DISTRICT. ADV. SRI.C.V.BIMAL ROY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.338 of 2005 --------------------------------- JUDGMENT Koshy, J. Appellant/claimant sustained very serious injuries in a motor accident on 13.12.1995. He claimed a total compensation of Rupees Elevan lakhs alleging negligence on the part of the second respondent, driver of the jeep owned by the first respondent and insured by the third respondent. First respondent died and his legal representatives were impleaded as additional respondents 4 to 6. Tribunal awarded a total compensation of Rs.93,250/- with 7% interest per annum including the compensation towards reimbursement of medical expenses, which comes to Rs.40,000/-. Only quantum of compensation is disputed in this appeal. 2. As far as injuries are concerned, he suffered the following injuries: “1. Fracture both bones (L) 2. Leg comminuted proximal 1/3. MACA 338/05 2 3. Lacerated wound (L) foot and (R) knee. 4. Fracture ribs (R) 5th, 6th and 7th.” He had undergone two surgeries. Apart from debridgment and skin grafting, internal fixation was also done. He was advised to take rest for four months. Totally, he was under treatment for about six months. Tribunal did not award any compensation for permanent disability, as disability certificate assessing the percentage of disability was not produced. Appellant was employed in foreign countries at the time of the accident and came on leave. It has come out in evidence that he was employed as an Attender in Oman and his salary was equivalent to 11,700 Indian rupees. Tribunal found that in foreign countries expenses are much higher and taken only Rs.5,000/- as the monthly income. According to the claimant, food and accommodation was given by the employer and therefore, the entire income was his savings. Exhibit A8 passbook is MACA 338/05 3 produced to show his income at that time. We are of the opinion that considering his monthly salary as Rs.11,700/-, even if expenses are deducted, the monthly income ought to have been fixed at Rs.7,000/-. Exhibit A7 is the passport. It shows that he was unable to go back to Oman. Originally he was expecting to go back. But, since he was unable to walk and after four months of over stay his visa was cancelled. That was also noticed by the Tribunal. Thereafter, he has not gone to foreign countries. According to him, his loss of earning power is 100%. Tribunal did not grant any compensation for loss of earning power. Since disability certificate assessing the percentage of disability is not produced, we are unable to grant compensation for permanent disability and loss of earning power in a multiplier method. He can also do work in the home town after the fracture is united. He was aged 51 at the time of the accident. Taking into account these circumstances, we award Rs.25,000/- for disability, loss of earning power MACA 338/05 4 and loss of amenities in life. We have already stated that due to the injuries, he was unable to move about for six months. Therefore, he will be entitled to Rs.42,000/- for actual earnings. Tribunal awarded only Rs.20,000/-. So, he is entitled to Rs.22,000/- more for actual loss of earning. Considering other grounds, we are of the view that no interference is required in the amount awarded under other heads. We award Rs.47,000/- more than that was awarded by the Tribunal. The above amount of Rs.47,000/- should be deposited by the third respondent Insurance Company with 7.% interest per annum from the date of application till its deposit. On deposit of the amount, appellant is allowed to withdraw the same. Appeal is allowed in part. (J.B.Koshy, Judge) 4th November, 2008 (K.P.Balachandran, Judge) tkv