IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 MFA.No. 1185 of 2002() ---------------------- OPMV.892/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD,KALPETTA .................... APPELLANT: PETITIONER: ---------------------------------------- M.C.KRISHNANKUTTY, S/O. CHAPPAN, MUDAPILAKIL HOUSE, P.O.NAIKETTY. BY ADV. SRI.P.V.SURENDRANATH SRI.P.P.SUDHEER RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. VIJU K.A., S/O. ABRAHAM, KAKANAT PARAMBIL HOUSE, KARACHAL, MEENANGADI, WAYANAD. ( OWER OF THE TAX JEEP NO.KEZ 1224) 2. VIJAYAKUMAR S/O UNNI, THEVARAYIL HOUSE, P.O.NAIKEETY, S.BUTHERY (DRIVER OF THE TAX JEEP NO.KEZ 1224) 3. THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., S.BUTHERY. BY ADV. SRI.T.KURIAKOSE PETER ) SRI.ABRAHAM P.GEORGE) R1 SRI.A.R.GEORGE - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.1185 OF 2002 (D) ----------------------------------- Dated this the 29th day of February, 2008 J U D G M E N T KOSHY,J. Appellant claimant suffered serious injuries in a motor accident when a taxi jeep he was travelling jumped into the gutter and capsized due to the negligent driving of the jeep by the 2nd respondent insured by the 3rd respondent Insurance company. Due to the impact of the above accident, he sustained injuries, that is, incised wound to left side forehead, contusion left loin and abrasion over both knees. He was hospitalised for eight days in the hospital and thereafter he continued outpatient treatment and Ayurvedic treatment. He claimed a compensation of Rs.1,46,800/- but tribunal awarded only Rs.3,250/-. Only dispute is regarding the quantum of compensation. 2. According to the claimant, appellant was not allowed by the tribunal in adducing evidence. He was a tailor by profession. Disability certificate shows that there is 5% MFA.1185/02 2 disability. But there was no fracture. He was 40 years old and was maintaining a family. Tribunal fixed only Rs.7,00/- as his monthly income. In 1994, when the 2nd schedule was framed, monthly income of a non-earning person was fixed as Rs.1,250/- (Rs.15,000/- per annum). In this case, he was an earning member maintaining a family and atleast Rs.1,800/- ought have been fixed as the monthly income. Tribunal granted only Rs.7,00/- for loss of earning. We are of the opinion that because of the injuries and consequential treatment, he must not be able to work for two months and tribunal ought have awarded Rs.1,800/- for loss of earning for two months of treatment. Therefore, he is entitled to Rs.2,900/- more for loss of earning. Tribunal has accepted only the medical bills of Rs.646/- for treatment expenses and some of the medical bills produced by him were not accepted. According to him, he has spent about Rs.30,000/- for treatment. He has taken X-ray and other consequential treatment. We are of the view that even though some of the bills cannot be accepted, tribunal ought have granted atleast Rs.3,000/- for treatment expenses. But tribunal has awarded only Rs.7,00/-. Therefore, he will be entitled to Rs.2,300/- more for medical expenses. For pain and sufferings, only Rs.1,500/- MFA.1185/02 3 was granted. In view of the injuries, we are of the opinion that atleast Rs.3,500/- ought have been granted for pain and sufferings. Therefore, he is entitled to Rs.2,000/- more on that ground. Tribunal did not grant any compensation for disability or loss of earning power rejecting the disability certificate. It is contended that because of the injuries there will be frequent head ache. Taking into account all these aspects, we are not granting any compensation for loss of earning power due to disability. For loss of amenities and all other consequences due to the injury, we award Rs.1,300/-. Thus, the total additional amount payable will be Rs.6,700/-. The above amount of Rs.6,700/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the amount, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.1185 OF 2002 (D) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 29th February, 2008