IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MACA.No. 540 of 2003() ---------------------- OPMV.1297/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- P.MURALEEDHARAN @ MURALI, S/O. KANNANKUTTY, AGED 18 YEARS, PUTHANPURA HOUSE, P.O. AAKKAPARAMBA. BY ADV. SRI.P.C.SASIDHARAN SRI.I.V.PRAMOD RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. E.K.AHAMEDKUTTY, S/O.A.P.MOHAMED HAJI, PYNGARAKKAL HOUSE, P.O. KUMMINIPARAMBA (DRIVER). 2. A.MOIDEENKUTTY HAJI, S/O.KUTTY HASSAN, ALLIPARA HOUSE, P.O. KARIPOOR (OWNER). 3. ORIENTAL INSURANCE COMPANY LTD.,MANJERI. 4. SIVADASAN P.B., S/O.BALAKRISHNAN, PATTIKKATHODI HOUSE, P.O. ERANCHIMANGADU (DRIVER). 5. P.M. DAYANANDAKUMAR, KAMUKIL HOUSE, P.O. KUZHIMANNA (OWNER). ADV. SRI.MATHEWS JACOB (SR.) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.540 OF 2003 ------------------------------------- Dated 30th September, 2008 JUDGMENT Koshy,J . Appellant/claimant at the age of 18 sustained injuries in a motor accident. He claimed a compensation of Rs.15,00,000/=. The Tribunal awarded a compensation of Rs.2,44,900/= with interest and directed the third respondent insurance company to deposit the amount. The only dispute raised in this appeal is regarding the quantum of compensation. According to the appellant, he was getting Rs.4,500/= per month as a coolie. The accident took place in 1997. Considering his age and in the absence of evidence, the Tribunal fixed Rs.1,800/= as the monthly income. We see no ground to enhance the same. As a result of the accident, his right leg below knee was amputated and there was fracture to the fibula and tibia of left leg. Medical Board certified 35% disability. That was accepted by the Tribunal and compensation was calculated. For treatment and medical expenses Rs.50,000/= was awarded. It is the contention of the appellant that as a result of the accident his loss of earning capacity is almost 100% as he cannot do any coolie work. But, the medical board assessed only 35% disability and compensation was awarded for 35% disability. Considering the injuries, MACA.540/2003 2 we are of the opinion that compensation ought to have been awarded for purchasing artificial leg as amputation was below knee. It is also stated in the treatment certificate that gangrene was developed. In the above circumstances, we award Rs.50,000/= more for purchase of artificial leg. The above additional amount of Rs.50,000/= should be deposited by the third respondent insurance company with 9% interest from the date of award till its deposit, over and above the amount decreed by the Tribunal. The appeal is partly allowed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks