IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 MFA.No. 723 of 2002() ------------------------------ OPMV.2231/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT: PETITIONER -------------------- P.MOHAMMED ALIAS NANI, AGED 52 YEARS, S/O.ABDULLA HAJI, BRIGHT HOUSE, THURAKKAL, KOZHIKODE ROAD, MANJERI P.O. BY ADV. SRI.K.P.MUJEEB RESPONDENTS/ RESPONDENTS ----------------------- 1. SHERIEF ALIAS RAHMAN SHERIEF, AGED 22 YEARS, S/O.MOHAMMED, KOORITHADATHIL VEEDU, KARUVAMBRAM EAST, PALAI, MANJERI. 2. K.P.MOIDEEN, S/O.KOYA HAJI, KARAPPULA HOUSE, PATTARKULAM, NARUKARA P.O., MANJERI. 3. THE NEW INDIA ASSURANCE CO LTD., MANJERI. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & A.K.BASHEER, JJ. -------------------------------------- M.F.A.No.723 OF 2002 ------------------------------------- Dated 11th March, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained serious injuries in a motor accident at the age of 52. He was a hospital administrator. He was examined by the medical board and medical board certified 5% disability. The Tribunal awarded compensation for 5% disability and loss of earning power. He was aged 52 and hence, 12 was taken as the multiplier taking guidelines from the second schedule. Apart from awarding compensation for disability and loss of earning power, Tribunal has awarded Rs.22,000/= for functional disability. That was awarded actually as compensation for loss of amenities etc. Tribunal took Rs.10,000/= as the monthly income. According to the claimant, Rs.20,000/= was his monthly income. Income tax returns were produced to show that his hospital was closed after the accident. Even the previous year's income tax assessment shows that the net income of the hospital was only below Rs.21,000/=. There is no evidence to show that appellant was paying income tax for the salary received taking that as personal income. In the absence of clear data, monthly income of MFA.723/2002 2 Rs.10,000/= taken by the Tribunal cannot be said to be too low. The evidence shows that appellant was treated as inpatient for almost 70 days out of which 16 days was in the Moulana hospital, Perintalmanna and he was in the Intensive Care Unit for six days. Scanning of head was done. Stitches were put. The nail put was removed after three months. He was also treated as an inpatient in the Bright hospital. He was also the Municipal Councilor at the time of accident. He was not able to contest elections thereafter. As per A2 wound certificate, the injuries suffered by him were as follows: “(1) Cut and lacerated wound occipital region on left side 2.5 x 3 cm x bone deep. (2) Compound fracture calcaneus left foot. (3) Loose bleeding teeth.” Ext.A2 further shows that X-ray examination of the foot had revealed fracture calcaneum left comminuted and X-ray of the skull had revealed fracture left temporal bone. Ext.A5 C.T. Scan report shows the following impression: MFA.723/2002 3 (1) Crack fracture of right parietal bone, (2) Haemorrhagic contusion of right frontal and temporal bones. Associated mass effect, (3) Brain edema more in right hemisphere. Ext.A4 inpatient card shows that on 17.1.1995 the claimant was admitted in the Bright Hospital, Manjeri and discharged on 27.3.1995. Ext.A4 shows no details of treatment for 70 days. What is stated is the patient is a known diabetic and treated with anti-diabetic treatment, wound inspection and dressing etc. and plaster was removed on 26.3.1995 and the wound was found to be healed well. Since the wound was healed well, the medical board certified only 5% permanent disability. But, he has undergone a very long treatment and he was not able to walk easily for about six months. Tribunal has awarded only Rs.13,000/= for treatment and medical expenses. Considering the fact that he had undergone operations and nails were put and removed, he was in the ICU for six days and he was treated as inpatient for 70 days and also considering the fact that every MFA.723/2002 4 expenses incurred in the hospital will not be effected in the bills, we award Rs.10,000/= more for hospital and treatment and incidental expenses. We are of the opinion that just and reasonable compensation was awarded under other heads. Thus, the additional amount of Rs.10,000/= should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit, over and above the amount decreed by the Tribunal. On deposit of the amount, appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE A.K.BASHEER JUDGE tks