IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 MACA.No. 343 of 2008() -------------------------------- OPMV.3067/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT-PETITIONER: -------------------------------------- SABISH JOSEPH, S/O. JOSEPH, IKKARA HOUSE, CHOTTUPARA, PERIYAR POST, PEERUMEDU TALUK, VANDIPERIYAR-33. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. PARAMESWARAN PILLAI, DIRECTOR, M/S. MALABAR AMMONIA LTD., THATTAN CHAVADY, PONDICHERRY-6. 2. THE ORIENTAL INSURANCE CO. LTD., ERNAKULAM NORTH. 3. NAVEEN MARTIN K.VARGHESE, OZHUKAYIL HOUSE, MAMANGALAM, KOCHI-25. 4. THE ORIENTAL INSURANCE CO. LTD., ERNAKULAM NORTH. BY ADV. SRI.VPK.PANICKER - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.A.C.A. No.343 of 2008 --------------------------------------- Dated this the 26th day of June, 2008 Judgment Koshy,J. Appellant/Claimant sustained injuries in a motor accident on 19.4.2001. Against a claim of Rs.4,50,000/-, the tribunal awarded only Rs.27,650/- and directed the second respondent insurance company which insured the offending vehicle to deposit the above amount. Only dispute is regarding the quantum of compensation. Ext.A2 is the wound certificate which shows the following injuries: "1. Small lacerated wound over (L) parietal region. 2. Superficial lacerated wound over (R) parietal region. 3. Lacerated wound over (R) mid thigh with fracture shaft of femur - fracture bone protruding out. 4. Small lacerated wound over (L) elbow. 5. Lacerated wound on (R) knee. 6. Puncture wound over (R) upper leg. 7. Swelling dorsum of (R) foot. M.A.C.A.No. 343/2008 2 8. Fracture M/3rd & L/3rd junction shaft of femur with tibial spine avulsion fracture. 9. Comminuted fracture posterior end of intercondylar area of (R) tibia with wide displacement of fracture fragments. 10. Comminuted fracture head of (R) fibula." Petitioner was treated in the Medical Trust Hospital, Ernakulam for 32 days. During the period of hospitalisation, PCL avulsion fixation was done with cancellous screws and reinforced with ethibond sutures. After discharge from the hospital, since pain persisted, he was again admitted in the hospital. X-ray revealed non-union of fracture (R) femur and he had got admitted in St.John's Hospital, Kattappana where he had to remain for five days. During that period he underwent bone grafting of fracture site and exchange of locking screws. The screws were removed on a third hospitalisation. Ext.A11 is the treatment certificate issued from the hospital. In Ext.A11, it is also stated that the implants are yet to be removed. No compensation was awarded for permanent disability and for loss of earning capacity even though it was stated that at present he has shortening of 2 c.ms. of right lower limb and complains of pain on walking and movements. But, for discomforts, inconvenience M.A.C.A.No. 343/2008 3 and disfiguration Rs.15,000/- was awarded. According to the tribunal, at the maximum, he must have suffered 5% disability. We have referred the claimant to the medical board. The medical board constituted in the Medical College Hospital, Kottayam certifiedl that he has 10% permanent disability. According to the petitioner, he was earning Rs.5,000/- per month. At the time of accident, he was aged 25 years. The tribunal only fixed Rs.2,500/- as the monthly income. We see no ground to change the same. Taking guidance from the second schedule, the apt multiplier is 18 as he has completed the age of 25. However, on the facts and circumstances of the case, we take 17 as the multiplier even though it was argued by the counsel for the appellant that as per the Apex Court decisions, maximum multiplier should be taken for calculating compensation for the motor accident victim of that age. If that be so, compensation for permanent disability and for loss of earning capacity will be Rs.2500 x 12 x 17 x 5 = Rs.25,500/-. We are not 100 enhancing the compensation granted under other heads. The additional compensation of Rs.25,500/- should be deposited with 7.5% interest from the date of application till its deposit. On M.A.C.A.No. 343/2008 4 deposit of the above amount, appellant is allowed to withdraw the same. J.B.Koshy Judge P.N.Ravindran Judge vaa M.A.C.A.No. 343/2008 5 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.C.A. No.343 of 2008 ------------------------------------- Judgment Dated:26th June, 2008