IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 MACA.No. 1616 of 2004 ----------------------- OPMV.705/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/: PETITIONER ------------------------ P.P.BIJU, S/O.PAUL, PORATHUKKARAN HOUSE, KADUPPASSERY P.O., KADUPPASSERY VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN SRI.C.MOIDEEN KUTTY RESPONDENTS: RESPONDENTS -------------------------- 1. MALA A. SETH, 36, CATER ROAD, BANDRA (W), MUMBAI-400 050. 2. JOSEPH THOMAS, S/O.THOMAS, KOKKATT HOUSE, KADUPPASSERY P.O., KADUPPASSERY VILLAGE, MUKUNDAPURAM TALUK. 3. BRANCH MANAGER, NEW ASSURANCE CO LTD., ALIBAG P.O., 402 201, RAIGUD, MUMBAI. ADV. SRI.G.SREEKUMAR (CHELUR) FOR R2 SRI.KKM.SHERIF FOR R3 SRI.A.A.ZIYAD RAHMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & M.C. HARI RANI,JJ ============================== M.A.C.A. NO. 1616 OF 2004 ============================ Dated this the 24th day of March 2011 JUDGMENT Basheer, J. The appellant sustained the following injuries in a road traffic accident that occurred on January 19,1997. 1.Primary brain stem injury 2. Diffused cerebral oedema. 3. Sub arachnoid haemorage. 4. Bilateral frontal cystic hygroma with mass effect. 2. The above injuries have, going by the evidence available on record, practically rendered the appellant as a vegetable for all purposes. The Tribunal noticed his physical and mental condition when he appeared for adducing evidence in the case in which he was examined as PW1. In Ext.X1 disability certificate, the Medical Board assessed his disability as 70%. Though the Tribunal noticed that the appellant was not able to walk without any external help because of the severity of the injuries sustained by him, only 50% of the disability was MACA 1616/2004 2 accepted while reckoning the compensation payable under the head of disability. The following observations of the Tribunal speak for themselves : “This person can walk only with support by two people. Both upper and lower limbs are stiff. Loss of memory recent and past and has diminision of vision more in the right eye. He has complaints of deafness. .............. .............. He cannot speak fluently in the normal way. He is shivering. He was able to sit on a chair with the help of a bystander. I am fully convinced that this person cannot walk independently. ..... ........ Never in his life, he will be able to go out, do work and earn money. He has to live with the disability for the rest of his life.” 3. While calculating the compensation under the head of disability, the Tribunal has taken the notional monthly income of the appellant as Rs.1500/-. Admittedly the appellant was studying for the I.T.C.course and was aged 19. Keeping in view the entire materials available on record, we are satisfied that the notional monthly income of the appellant has to be reckoned as Rs.3,000/-. We do so. Similarly, percentage of disability is to be accepted as certified by the Medical Board in Ext.X1, viz. 70%. Thus the compensation under the head of disability has to MACA 1616/2004 3 be reworked as hereunder. 3000 x 12 x 70 x 16/100= 4,03 200/- 4. The Tribunal has awarded Rs.25,000/- each under the head of pain and suffering and loss of amenities. In our view, the appellant is entitled to get Rs.50,000/- each under these two heads. Ordered accordingly. 5. In the peculiar facts and circumstances, we award a sum of Rs.75,000/-(Rupees seventy five thousand) towards future medical expenses. This amount however shall not carry interest. The appellant shall be entitled to get interest at the rate of 7.5% in lieu of 6%. In all other respects, the award passed by the Tribunal is sustained. The appeal is disposed of as above. Sd/- A.K. BASHEER, JUDGE Sd/- M.C. HARI RANI,JUDGE ks. TRUE COPY P.S. TO JUDGE MACA 1616/2004 4