IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 MACA.No. 101 of 2004() ---------------------- OPMV.972/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: -------------------------------------- SUNIL JOB, S/O. P.E. JOB, AGED 32, RESIDING AT EDATHINATTU HOUSE, P.O. ULIKKAL, VAYATHUR AMSOM DESOM, PURAVAYAL, THALASSERRY TALUK. BY ADV. SRI.J.S.AJITHKUMAR SRI.SERGI JOSEPH THOMAS RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. P. BALAKRISHNAN, PAMBINIYIL HOUSE, KAVILPURAM P.O., BADAGARA, (OWNER OF K.L.W.2649 LORRY). 2. JAYAPRAKASH V.M., S/O. V.C. NARAYANAN, VADAKEDATH, MAILAPRAVAN, P.O. SIVAPURAM, KUTHUPARAMBA, VIA KANNUR DISTRICT. (DRIVER OF LORRY KLW 2649). 3. THE NEW INDIA INSURANCE CO.LTD., ARISTO COMPLEX, MAHE-673 310, POLICY NO.3176080303202. ADV. SRI.JOY GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.101 OF 2004 (D) ----------------------------------- Dated this the 6th day of August, 2008 J U D G M E N T KOSHY,J. Appellant/claimant at the age of 27 sustained very serious injuries in an accident on 15.12.1997. While he was riding a motor vehicle, a lorry driven by the 2nd respondent, owned by the 1st respondent and insured by the 3rd respondent Insurance company hit the motor cycle, and as a result of which, he sustained very serious injuries. He was under treatment for a very long time. He sustained fracture on neck of right femur, supracondylar fracture right femur, fracture shaft of right humerus, fracture of neck of fibula left, lateral ligament injury on the left knee, dislocation of left knee, greater tuborosity fracture left humerus, open injury right knee and various deep injuries. Exts.X2 and X3 case sheets show the details of injuries sustained and details of treatment undergone by him. Ext.A4 is the discharge summary issued MACA.101/04 2 from the Baby Memorial Hospital, Kozhikode and Ext.A5 is the discharge certificate issued from the Kovai Medical Centre, Coimbatore. Ext.A6 series are the discharge summary contains details of the treatment from the Kovai Medical Centre, Coimbatore and Ext.A7 series are the discharge summary issued from the SKV United Hospitals, Coimbatore. He was also under treatment for 37 months and the injuries suffered, treatment undergone etc. will show that he had narrow escape from death. The tribunal referred the claimant for examination by a Medical Board for assessing the permanent disability and Ext.X1 is the disability certificate assessing 27% permanent disability. Tribunal accepted the same and awarded compensation. But only Rs.1,250/- was fixed as monthly income of a non-earning person (Rs.15,000/- per year) and calculated compensation. Ext.A8 shows that he was a collection agent in Ulikkal Rubber Karshaka Vikasana Sangham. That society had several depots. The employer PW2 gave evidence that he was getting about Rs.3,500/- per month. But however, it vary because of the commission itself. But his actual income was not proved by any records. But he MACA.101/04 3 is not a non-earning person. He was an employee, aged 27 and the accident occurred in 1997. Taking all these facts together, we fix Rs.2,000/- as the monthly income. Tribunal has fixed 18 as the multiplier taking guidelines from the 2nd schedule. We see no ground for enhancing the same. If that be so, compensation payable for 27% disability will be Rs.2,000 x 12 x 27/100 x 18 = Rs.1,16,640/-. After deducting Rs.72,900/- granted for disability and loss of earning power, additional amount payable will be Rs.43,740/-. Tribunal has granted only Rs.10,000/- as loss of actual earning for eight months. The various medical certificates shows that he was under treatment for about three years under various hospitals. We are of the view that he should be granted atleast 12 months income for actual loss of earning. If that be so, he will be entitled to Rs.24,000/-, after deducting Rs.10,000/- already granted, the additional amount payable will be Rs.14,000/-. Appellant claimed Rs.35,000/- for bystander expenses. But tribunal has granted only Rs.8,100/- taking into account that he must engage a bystander for 54 days, the initial period of inpatient treatment Considering the long MACA.101/04 4 treatment period, we award Rs.7,250/- more for bystander and incidental expenses. So, additional compensation payable will be Rs.64,990/-, rounding to Rs.65,000/-. Even though it is contended that compensation granted under other heads are very meager, we are of the opinion that no enhancement is required. Hence, the additional amount of Rs.65,000/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit, and on deposit of the above amount, appellant is allowed to withdraw the same. With the above observations, this appeal is partly allowed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008