IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 MACA.No. 128 of 2005() ---------------------- OPMV.1373/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: ------------------------------------- INDIRA,W/O.VISWAMBHARAN, PANOKKIL HOUSE,MANAVALASSERY VILLAGE, CHORE DESOM,IRINJALAKUDA. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS/RESPONDENTS: ------------- 1. VINODHAN @ VINOD,S/O. BALAN, VALLATHUPARAMBIL HOUSE,KARUVANNUR P.O., THRISSUR. 2. MRS.P.S.BEENA,POKKATTIL HOUSE, PERAKAM P.O.,CHAVAKKAD. 3. THE NEW INDIA INSURANCE CO.LTD., ANUGRAHA BUILDING,WADAKKANCHERY ROAD, KUNNAMKULAM. BY ADV. SMT.M.HEMALATHA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & A.K.BASHEER, JJ. ------------------------------- M.A.C.A.NO.128 OF 2005 (D) ----------------------------------- Dated this the 10th day of March, 2008 J U D G M E N T KOSHY,J. Appellant claimant sustained serious injuries in a motor accident due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. Against a claim of Rs.2,60,000/- limited to Rs.1,50,000/-, tribunal has awarded only Rs.77,300/-. Only quantum of compensation is disputed in this appeal. 2. In the absence of data, tribunal fixed Rs.1,500/- as the monthly income even though it was claimed that she was getting Rs.3,000/- per month. We see no ground to change the same. With regard to injuries and permanent disability, tribunal held as follows: “Ext.A5 is a permanent disability certificate dated 14.11.2001 issued by Dr.T.G.Gopinathan, MACA.128/05 2 Consultant Orthopaedic Surgeon, Allied Hospital, Arthat. It is certified in this document that the petitioner has a permanent disability of 17%. Dr.T.G.Gopinathan was not examined in this case. Considering the deposition of the petitioner, I am of the view that the percentage of disability certified in Ext.A5 is on the higher side. Ext.A6 is a certificate dated 17.11.2001 issued by Dr.K.P.Ram Mohan, Consultant Orthopaedic Surgeon, Mother Hospital, Thrissur. It is certified in this document that the petitioner has to be on continuous antithrombolytic therapy for a minimum period of five years. Ext.A7 is a certificate dated 17.11.2001 issued by Dr.Benny Panakkal, Consultant Cardiologist, Amala Cancer Hospital, Thrissur. It is certified in this document that the petitioner requires continuous antithrombolytic therapy to prevent the recurrence of deep vein thrombosis. Dr.K.P.Ram Mohan or Dr.Benny Panakkal were not examined in this case. Considering the injuries, medical documents produced and the deposition of the petitioner, I am of the view that she would have sustained some permanent disability affecting her efficiency and amenities of life.” Doctor certified 17% disability. Tribunal did not award compensation on a multiplier method. It is settled law that compensation should be awarded on a multiplier method. It cannot be computed arbitrarily. She was 40 years old. Taking guidelines from the 2nd Schedule, 16 is the apt multiplier and if that be so, compensation payable will be Rs.1,500 x 12 x 17/100 x 16 = Rs.48,960/-. Tribunal has awarded only Rs.25,000/- for MACA.128/05 3 disability and loss of earning capacity. Hence, the additional amount payable will be Rs.23,960/-. Tribunal has granted compensation for reimbursement of medical expenses on the basis of actual production of bills. There will be many expenses which are not covered by bills. For three times, she was in the hospital. Therefore, for medical expenses, we award Rs.2,000/- more. Thus, the additional amount payable will be Rs.25,960/-. Even though it is argued that compensation granted under other heads is inadequate, considering the total amount awarded, we are not enhancing the above. Hence, the additional amount of Rs.25,960/- is directed to 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 above amount, appellant is allowed to withdraw the amount. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE A.K.BASHEER, JUDGE prp MACA.128/05 4 J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th March, 2008