IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No.2348 of 2008 (E) ------------------------------- OPMV.692/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT: PETITIONER ------------------------------ WILSON T.THOMAS, S/O.THOMAS MATHEW, T.C. 103(1), MEERA, KAPPIL ROAD, CHALAKUZHY (VIA), MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS RESPONDENTS: RESPONDENTS ------------------------------------ 1. A.JAYACHANDRAN, S/O.APPUKUTTAN NAIR, T.C.NO.20/1081, KARAMANA P.O., THIRUVANANTHAPURAM DISTRICT. 2. RAVICHANDRAN, S/O.RAMACHANDRAN PILLAI, ARAPPURA MUDAMBIL VEEDU, KONCHIRAVILA, MANACAUD, THIRUVANANTHAPURAM DISTRICT. 3. THE ORIENTAL INSURANCE CO.LTD., RAMAKRISHNA BUILDINGS, THAKARAPARAMBU ROAD, THIRUVANANTHAPURAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.2348 of 2008 --------------------------------- JUDGMENT Balachandran, J. The petitioner, a bank employee aged 42 years, while riding a motor cycle on 21.5.2002, was hit down by an autorickshaw bearing Reg.No.KL-01/A 7713 driven by the second respondent, owned by the first respondent and insured by the third respondent and thereby he sustained injuries. He filed an application claiming an amount of Rupees Six lakhs by way of compensation, as against which, the Tribunal awarded Rs.89,615/-. This appeal is filed by the injured claiming enhancement in compensation. 2. The Tribunal has discussed in paragraph 10 of the award the injuries and the permanent disability sustained to the appellant as follows: “Exhibit A6 is the copy of the wound certificate dated 21.5.2002 issued from the Cosmopolitan Hospital, MACA 2348/08 2 Thiruvananthapuram showing that the petitioner had sustained supracondylar intercondylar fracture of right femur. Exhibit A7 is a certificate dated 24.12.2002 issued by Dr.Jesukumar, Orthopaedic Surgeon attached to the Cosmopolitan Hospital, Thiruvananthapuram certifying that the petitioner, who had sustained supracondylar intercondylar fracture of right femur, was subjected to open reduction and internal fixation on 21.5.2002. It can be further seen from Exhibit A7 that the fracture sustained by the petitioner has become united and he had partial ankylosis of right knee with limitation of terminal 20 degree of right knee flexion and has 5 degree of valgus deformity and hence, the permanent disability of the petitioner was assessed at 11% as per Mc Bridge scale.” The Tribunal has accepted 11% disability as certified in Exhibit A7. Exhibit A9 certificate produced by the appellant before the Tribunal showed that his gross salary was Rs.13,255/- and net salary was Rs.6,639/-. He was inpatient for twelve days. 3. It is contended before us by the learned counsel for the appellant that though the certificate from Cosmopolitan Hospital was produced MACA 2348/08 3 to show that an amount of Rs.54,814.62 was incurred towards medical expenses, the Tribunal has awarded only an amount of Rs.30,000/-; that towards loss of earning power, the Tribunal has awarded only Rs.21,120/- adopting Rs.2,000/- as the multiplicand and 8 as the multiplier and that compensation for disability should have been awarded accepting the gross income of the appellant at Rs.13,255/- and for reimbursement of medical expenses, the entire amount as evidenced by Exhibit A11 certificate should have been awarded. The Tribunal has awarded an amount of Rs.13,255/- towards loss of income for one month, whereas, the appellant was under treatment as an inpatient only for twelve days. Though the treatment expenses certified by Exhibit A11 was Rs.54,814.62, no bills were produced in support thereof. Being a bank employee, he would have produced all the bills before his employer and got the amount reimbursed and he has no case that he has not claimed those amounts from his employer by way of medical reimbursement. Without the bills MACA 2348/08 4 award of Rs.30,000/- towards medical expenses is on the high side. Further, the appellant has no case that because of the disability caused to him, he has lost his job. He is continuing in employment and is earning income as before, if not more by increase in salary. The Tribunal has worked out disability compensation for the period after 55 years, when the appellant is expected to retire adopting the multiplicand as Rs.2,000/- and the multiplier as 8. In fact, a bank employee is to retire only at the age of 60 years if at all he is not to avail voluntary retirement. If so considered, the multiplier that could have been adopted was only 5. The disability compensation so worked out by the Tribunal is Rs.21,120/- (2000 x 12 x 8 x 11/100) accepting the disability as certified under Exhibit A7 by the Orthopaedic Surgeon and adopting 8 as the multiplier. Thus, we are not of the view that compensation awarded by the Tribunal is not reasonable or sufficient for the injuries and permanent disability sustained to MACA 2348/08 5 the appellant in the accident. No enhancement in compensation is warranted. This appeal, in the circumstances, is devoid of merit and is dismissed. (J.B.Koshy, Judge) 3rd November, 2008 (K.P.Balachandran, Judge) tkv