IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 MACA.No. 927 of 2005() ---------------------- OPMV.2479/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/CLAIMANT IN OPMV.2479/96. --------------------------------------------------------------- K.K.SHAJI, AGED 34 YEARS, S/O.KESAVAN, KUMMANGATTU NIKARTHU HOUSE, CHANDIROOR P.O. ,ALAPPUZHA DISTRICT, PIN - 688 547. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): RESPONDENT NO. 1 TO 3 IN OP(MV) 2479/06: ---------------------------------------------------------------------------------------------- 1. F.M.SALIM, MINA HOUSE, CHANDIROOR P.O. ALAPPUZHA DISTRICT. 2. E.A.GEORGE, EREKATHU HOUSE, BEHIND OF PANCHAYATH OFFICE, AROOR P.O. ALAPPUZHA DISTRICT (DIED). 3. NATIONAL INSURANCE CO.LTD., BY ITS REGIONAL MANAGER, REGIONAL OFFICE, MUTHOOT TOWERS, M.G.ROAD, KOCHI 35. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & V.K.MOHANAN, JJ. ================================ M.A.C.A.No.927 of 2005 - D =============================== Dated this the 24th day of November, 2008. J U D G M E N T KOSHY, J. Appellant sustained serious injuries in a motor accident on 25.11.1995. He claimed a total compensation of Rs.1,50,000/-. The total amount awarded by the Tribunal was only Rs.41,500/- inclusive of medical expences. The liability of the insurance company was admitted before the Tribunal. The only dispute raised in this appeal is regarding the quantum of compensation. Ext.A9 is the wound certificate which shows that there was fracture of right foot below knee joint. Accident occurred in the state of Maharashtra. After he was admitted in the Neyyar's Hospital in Mumbai, he was brought to Ernakulam Medical Trust Hospital and he was inpatient for 16 days. Ext.A10 shows that the appellant suffered an undisplaced fracture of L2 spine with contusion and haematoma. Ext.A13 scan report also shows that the appellant also suffered mild post traumatic postero - central disc protrusion at L4/5 level. He deposed that he was bed ridden M.A.C.A.No.927 of 2005 - D 2 for six months. Tribunal has taken only Rs.1,500/- as the monthly income against a claim of Rs.2,000/- monthly salary and daily bata of Rs.50/- per day. Tribunal did not awarded any compensation for permanent disability and loss of earning capacity. He has not produced any certificate for permanent disablement. But considering his injury, fractures on the right foot below knee joint, spinal injury and substantial injuries mentioned, we are of the opinion that Tribunal ought of have awarded and amount of Rs.9,000/- more for disability treatment, loss of wages etc. Therefore, additional compensation of Rs.9,000/- should be deposited by the 3rd respondent-insurance company with interest at the rate of 7.5% from the date of application till deposit. On deposit of the same, the appellant is allowed to withdraw the same. J.B.KOSHY, JUDGE V.K.MOHANAN, JUDGE bkn/-