IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MFA.No. 1061 of 2002(B) ------------------------------------- OPMV.1485/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONER: ------------------------- JOY @ JOSEPH, S/O. ULAHANNAN, PANAYCHIL HOUSE, NUCHIYAD AMSOM DESOM, P.O. MANIPPARA, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENTS: --------------------------- 1. E.J. THOMAS, S/O. JOSEPH, EDATTU HOUSE, P.O. PAISAKKARI, KANNUR DISTRICT. 2. THADATHIL JOSE @ JOSEKUTTY, ANDREWS, MUTHIRAKKULAM, P.O. PAYYAVOOR, KANNUR DISTRICT. 3. THE MANAGER, ORIENTAL INSURANCE CO., LTD., MARIYA SHOPPING CENTRE, NATIONAL HIGHWAY, TALIPARAMBA. ADV. SRI.VPK.PANICKER FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ M.F.A.No.1061 of 2002 - B =============================== Dated this the 2nd day of December, 2008. J U D G M E N T KOSHY, J. Appellant-claimant sustained injuries in a motor accident on 21.1.1996. Tribunal found that the accident occurred due to the negligence of the driver of the vehicle of 2nd respondent, insured by the 3rd respondent-insurance company who alone contested the case. Against a claim of compensation of Rs.1,75,000/-, total compensation awarded was Rs.47,000/- with interest. The only dispute raised by the claimant in this appeal is regarding the quantum of compensation. Even though the appellant was a driver by profession, and claimed Rs.3,500/- as monthly income, Tribunal has fixed it at Rs.2,250/-. We are of the opinion that in the absence of evidence, Rs.2,250/- fixed as monthly income in 1996 for a 24 years old claimant requires no interference. Ext.A4, wound certificate and Ext.A5, treatment certificate show that there was fracture, shaft of right femur and nail fixation was done. For a total of 32 days he was inpatient in two hospitals (11 days in Koyili Hospital, Kannur, 20 days in Kasthurba Hospital, Manipal and re-admitted in the same hospital for another day). No disability certificate was produced. Since fracture was M.F.A.No.1061 of 2002 - B 2 united, compensation for loss of permanent disability and loss of earning power were not granted. It requires no interference. Compensation for loss of actual earnings during treatment period and loss of amenities were granted. But compensation granted for reimbursement of medical expences is very low. Tribunal found that Ext.A7 series, medical bills are for Rs.3,700/- and awarded the same. Appellant was inpatient for 32 days. There was a mistake in calculating the amount covered by Ext.A7 series, medical bills. Total medical bills amount to Rs.37,715/-. Discharge summary states that subsequently, removal of nails was also done. Tribunal wrongly noted the figure covered by Ext.A7 series as Rs.3,700/- instead of Rs.37,000/-. In these circumstances, Rs.30,000/- more on reimbursement of medical expences is awarded to the appellant, over and above the amount awarded by the Tribunal. The above additional amount of Rs.30,000/- should be deposited by the insurance company with 7.5 interest from the date of application till its deposit. On deposit, the appellant is allowed to withdraw the same. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-