IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 MFA.No. 671 of 2002() --------------------- OPMV.859/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT: PETITIOENR --------------------- SANTHOSH P.L., AGED 23 YEARS, S/O.LUKOSE, PUTHANPPURAKKAL HOUSE, BEEMANADY VILLAGE, P.O. KADUMENI, HOSDRUG TALUK. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: RESPONDENTS ------------------------ 1. AJAYA KUMAR V., AGED 28 YEARS, S/O.C.KUNHIKELU NAMBIAR, KOTTAKUNNU HOUSE, KOOVATTY, P.O.CHAYETH, KINANOOR VILLAGE. 2. MAHENDRAKUMAR P.V, S/O.P.V.KUMARAN, AGED 27 YEARS, ADUKATH PARAMBA HOUSE, MADIKAI VILLAGE, MADIKAI P.O. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, JASEELA COMPLEX, NILAMBUR ROAD, MANJERI P.O. BY ADV. SRI.VPK.PANICKER THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.671 of 2002 ----------------------------------------- Dated this the 7th day of March, 2008 JUDGMENT Koshy, J. Appellant-petitioner sustained injuries in an accident occurred in Kanhangad on 12.6.1998 while he was travelling in a jeep. He was only 19 years old at that time. He filed an application contending that the driver of the jeep was responsible for the accident and the above jeep was insured by the third respondent Insurance Company. Against a claim of Rs.2,50,000/-, the Tribunal awarded only Rs.25,432/- including medical expenses. Only dispute in the appeal is regarding the quantum of compensation. Immediately after the accident, he was taken to the Colaco Hospital, Mangalore as proved by Exhibit A3. Exhibit A4 wound certificate shows that he sustained lacerated wound over left pinna and lacerated wound over scalf and extra dural haemato. There was no hospital to manage such injuries in Kanhangad. Therefore, he was taken to Mangalore. The Tribunal has awarded only Rs.500/- for transportation expenses. It is his case that he was inpatient for 11 days. Thereafter also he has to go to the hospital for follow up treatment. We award Rs.500/- more for transportation expenses. The Tribunal has awarded Rs.5,000/- for pain and suffering. Considering the nature of injury, we are of view that Rs.10,000/- ought to have been granted for pain and suffering. Therefore, an additional amount of Rs.5,000/- is awarded for pain and suffering. No compensation was awarded for loss of earning power, loss of amenities consequent to the disabilities. According to the Tribunal, the certificate issued by the District Medical Board MFA.1242/93 2 shows that there was no disability. But the records show that he was sent to the Medical Board by the Tribunal and the Medical Board constituted in the Medical College Hospital certified that there is 5% disability. He was only a student at that time. If notional income has taken as per the schedule schedule, yearly income can be fixed as Rs.15,000/- and 16 can be taken as the multiplier. Therefore, compensation for disability and its consequence like loss of amenities is fixed as Rs.12,000/-. So, the additional compensation payable will be Rs.17,500/-. The above amount should be deposited by the third respondent Insurance Company with 7.5% interest from the date of application till the date of deposit, over and above the compensation awarded by the Tribunal. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is allowed, partly. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.1242/93 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No.671 of 2002 ------------------------------ JUDGMENT 7.3.2008