IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 MFA.No. 1229 of 2002() ---------------------- OPMV.1214/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: ---------------------- SANTHOSH, S/O. SUBRAMANIAN, AKKARAKKARAN HOUSE, P.O. VATTANATHARA, ALAGAPPANAGAR. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS/RESPONDENTS: ------------------------- 1. P.PAULY FRANCIS, POOVATHINGAL HOUSE, P.O. VARAKKARA, MANNAMPETTA. 2. SURESH BABU, S/O. BALAN, VADAKKOODAN HOUSE, VATTANATHRA, AMBALLUR. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, TANA, IRINJALAKUDA. R3 BY ADV. SRI.M.A.HAKIM SHAH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.F.A. No.1229 of 2002 --------------------------------------- Dated this the 24th day of March, 2008 Judgment Koshy,J. Appellant/Claimant sustained severe injuries in a motor accident on 1.2.1995 at 4.30 p.m. He claimed an amount of Rs.1,62,600/- contending that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company. Tribunal accepted the contention of the appellant, but, awarded only a total amount of Rs.49,600/- with interest. Only quantum of compensation is disputed in the appeal. Immediately after the accident, the appellant was taken to West Fort Hospital and thereafter to the Medical College Hospital. Ext.A2 wound certificate shows the following injuries: "1. Fracture both bones left leg; 2. Fracture pelvis; 3. Contusions; and 4. Abrasions left leg, right hip and right elbow." He was treated as an inpatient in the Medical College Hospital, M.F.A.No. 1229/2002 2 Thrissur for eight days. The treatment given included POP. The initial treatment was in the West Fort Hospital. From the West Fort Hospital, Thrissur he was shifted to the Medical College Hospital on the same day. Ext.A6 is the disability certificate issued by the Assistant Professor of Orthopaedics, Medical College Hospital, Thrissur wherein the disability was assessed at 15%. The doctor found that he had varus angulation of the left tibia and anterior angulation of the tibia. Bitrochantic compression is painful. Palpable defect felt in the pubic symphysis region and flexion left knee was limited. He claimed that he was getting Rs.1,800/- per month as a tailor. The tribunal has taken Rs.1,500/- as the monthly income. According to the claimant, he was prevented from attending the work for six months. That was accepted by the tribunal for the purpose of calculating loss of actual earnings. There was fracture of both bones of left leg. Besides, there was pelvis fracture. The tribunal did not accept the disability certificate, but, assessed 5% disability. There is no reason for not accepting the certificate issued by the doctor. The disability certificate was marked with consent. There is no material to show that the assessment of disability was incorrect. Since he was aged 24, apt multiplier is 17. If that be so, compensation payable for 15% M.F.A.No. 1229/2002 3 disability will be Rs.1500 x 12 x 17 x 15 = Rs.45,900/-. The 100 tribunal has awarded only Rs.15,300/-. Therefore, he is entitled to an additional amount of Rs.30,600/- for loss of earning power with disability. It is submitted that no amount was awarded for medical treatment even though he was treated as an inpatient for eight days in the Medical College Hospital, Thrissur. Thereafter, he was under POP. We award Rs.1,000/- more for medical treatment. Therefore, additional compensation payable will be Rs.31,600/- over and above the amount decreed by the tribunal. The above Rs.31,600/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till the date of deposit. On deposit of the amount, appellant is allowed to withdraw the same. J.B.Koshy Judge K. Hema Judge vaa M.F.A.No. 1229/2002 4 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No. 1229 of 2002 ------------------------------------- Judgment Dated:24th March, 2008