IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 MFA.No. 856 of 2001(B) --------------------------------- O.P (MV).NO.2244/1997 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. .................... APPELLANT/ PETITIONER: -------------------------------------- N.V. JOHNY, S/O. VARKEY, C/O. V.N. JOSEPH, VALLIKKATTU HOUSE, AZAD ROAD, KALOOR, COCHIN - 17. BY ADV. SRI.ANIL S.RAJ, SMT.K.N.RAJANI, SRI.RADHIKA RAJASEKHARAN P., SRI.CEASAR V.PILLAI. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. ANIMON KURIAKOSE, S/O. KURIAKOSE, CHAURAMPLACKAL HOUSE, MANEED.P.O., PIRAVOM. 2. P.C. CHANDRAN, S/O. CHOTHY, POOTHAMALAYIL HOUSE, NEAR KURISUPALLI (MEPADOM), THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK. 3. THE UNITED INDIA INSURANCE CO. LTD., R.S. ROAD, ALWAYE-1. BY ADV. SRI.P.JAYASANKAR. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 15/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.F.A. No. 856 of 2001 --------------------------------------- Dated this the 15th day of February, 2008 Judgment Koshy,J. Appellant/Claimant, at the age of 40, met with a motor accident by which he sustained fracture to tibia and fibula. He produced a medical certificate claiming that he sustained 15% disability. The tribunal accepted the above, but, tribunal has calculated compensation taking 10 as the multiplier. It is true that 15 is the multiplier for a person of over 40 years as per the second schedule, but, second schedule provides only a guidline. In this case, the tribunal has granted compensation generally in other heads. He claimed Rs.60,000/- for medical expenses, Rs.10,000/- for attendant expenses, Rs.10,000/- for extra nourishment and Rs.5,000/- for expenses incurred for transportation to hospital. The tribunal awarded Rs.1,05,000/- towards medical expenses. Apart from the above, Rs.13,000/- was awarded for extra nourishment, Rs.5,000/- towards transportation to hospital and a further amount of Rs.2,000/- was awarded for attendant expenses. Another Rs.10,000/- was awarded for disfigurement and total amount of M.F.A.No. 856/2001 2 compensation for a tibia and fibula fracture was Rs.2,01,000/- with 12% interest from the date of application till its deposit. The amount awarded is excessive, but, the insurance company did not file any appeal. We see no ground to interfere in the award at the instance of the claimant. Appeal is dismissed. J.B.Koshy Judge K. Hema Judge vaa M.F.A.No. 856/2001 3 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No. 856 of 2001 ------------------------------------- Judgment Dated:15th February, 2008