IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 MFA.No. 1267 of 2002() -------------------------------- OPMV.1302/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT: PETITIONER --------------------- P.P.BYJIL MOHAN, S/O.MOHAN P.P. AGED 19 YEARS, SEETHRI, POST KADALAYI, KANNUR DISTRICT. BY ADV. SRI.M.K.SUMOD RESPONDENTS: RESPONDENTS ------------------------ * 1. P.P.MOHAMMED SHAFI, S/O.HASSAN, THATTARIPARAMBIL HOUSE, EDAKKAD AMSOM, KURUVA DESOM, KANNUR. (DELETED) 2. MANIKKOTH RAJAN, S/O.RAMADASAN, THATTARIPARAMBIL HOUSE, EDAKKAD AMSOM, DESOM, KANNUR .(DELETED) 3. UNITED INDIA ASSURANCE CO., LTD., THALASSERY BRANCH. NAMES OF 1ST AND 2ND RESPONDENTS ARE DELETED FROM PARTY ARRAY AT THE RISK OF THE PETITIONER VIDE ORDER DT. 28.3.07 IN IA. NO.A649/07. R3 BY ADV. SRI.P.R.RAMACHANDRA MENON THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K. Hema, JJ. -------------------------------------- M.F.A. No. 1267 of 2002 --------------------------------------- Dated this the 17th day of January, 2008 Judgment Koshy,J. Appellant claimed Rs.Eight lakhs from the respondent contending that he sustained injuries when bus owned by the first respondent and driven by the second respondent hit him while he was walking on the road. The tribunal awarded Rs.1,26,700/= with interest from the date of application till realisation. Ext.A2 wound certificate was issued by the District Hospital which would show that the appellant was in an unconscious state and head injury was suspected and he was referred to the Medical College Hospital, Kozhikode for expert management. Ext.A4 is the reference card which shows that he had head injury with facial nerve palsy. Apart from the above, he has suffered fracture shaft of femur left leg. Ext.A5 is another reference card. The appellant was in the hospital for about 26 days. Ext.A7 is the disability certificate issued by the Medical Board assessing disability at 20%. Eye surgeon examined him and found that the facial nerve palsy has caused visual impairment. The Civil Surgeon certified that he had deafness at M.F.A.No. 1267/2002 2 50%. Ext.A7 disability certificate issued by the Medical Board was relied on by the tribunal assessing 20% disability. In the absence of clear evidence regarding income, tribunal took Rs.15,000/- as the annual notional income as fixed in the second schedule. We see no ground to interfere with the same. It has come out in evidence that he was having epileptic fits due to the injuries. No separate amount was granted for treatment of epileptic fits. Considering the facts and circumstances of the case, we are of the view that another Rs.7,000/- ought to have been granted especially considering the fact that he gets epilepsy occasionally which may continue unless preventive measures are taken. So, an additional amount of Rs.7,000/- is granted to the appellant over and above the amount decreed by the tribunal. We are of the opinion that compensation granted under other heads are just and reasonable. The above additional amount of Rs.7,000/- shall be deposited by the third respondent with 7.5% interest from the date of application till its 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. 1267/2002 3 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No. 1267 of 2002 ------------------------------------- Judgment Dated:17th January, 2008