IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 MFA.No. 637 of 2002() ------------------------------- OPMV.167/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT: PETITIONER ------------------- LEO GEORGE S/O.GEORGE,KINATTINGAL HOUSE, CHUTTUPADUKARA, NORTH EDAPALLY,ERNAKULAM DIST. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.MATHEWS V.JACOB (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR) RESPONDENTS: RESPONDENTS ------------------------ 1. K.N.SAVITHRIKUTTY AMMA,KODIYATTU HOUSE, KANAPUZHA,KOTTAYAM. 2. ROY ANTONY,S/O.ANTONY,PAZHAMEL HOUSE, PATTITHANAM,ETTUMANOOR,KOTTAYAM DISTRICT. 3. ORIENTAL INSURANCE CO.LTD.,DIVISIONAL OFFICE,BAKERI JUNCTION,M.C.ROAD,KOTTAYAM-1. BY ADV. SRI.MATHEWS JACOB - R3 SRI.P.VIJAYAKUMAR - R2 SRI.K.SREESAKUMAR -R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.637 OF 2002 (C) ----------------------------------- Dated this the 29th day of February, 2008 J U D G M E N T KOSHY,J. Appellant claimant at the age of 26, sustained serious injuries in a motor accident. Against a claim of Rs.10,33,500/- amount awarded was only Rs.3,96,550/-. Tribunal found that accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. Only quantum of compensation is disputed in this appeal. 2. Tribunal considered the injuries as follows: “It is seen from Ext.A3 that the petitioner suffered several injuries including lacerated wounds on the forehead, right parietal region (8 x 4 cm.), profuse bleeding from the right ear and nostrils, abrasion on the right foot, right knee, right leg and contusions. He was admitted in the neuro surgery department and evacuation of the extra dural haematoma was done. Thorasic surgery also was done. Orthopaedic consultation was done for the multiple limb MFA.637/02 2 injuries. C.T.Scan of the brain revealed extradural haematoma on the right parietal region. It is also in evidence that on account of the injuries suffered by the petitioner, he lost the vision of the left eye totally and has hearing defect.” Ext.A8 is the certificate issued by the Eye Micro Surgeon which shows that he had suffered head injury and multiple fracture of the skull lower and that he had optic atrophy of the left eye. There is no vision in the left eye. His vision is 6/9 in the right eye and he is completely blind in the left eye. His total visual loss in the left eye is 100% which is not recoverable. It is further certified that because of the blindness in the left eye, he cannot drive vehicle or do active jobs. He will find it difficult to cross the roads because of the UNIFOCAL vision. He may not be able to do work requiring precision. Ext.A6 is the discharge summary issued from the Medical Trust Hospital. That also refers to the CT Scan of the brain and the treatment given to the petitioner. It states that the petitioner developed meningitis and CFS OTORRHOEA. Tracheotomy was done to facilitate respiratory care. He had diminished vision on the left side with conductive (i.e. mild) deafness of the right ear. MFA.637/02 3 Ext.A5, the opthalmic report issued by Dr.K.Alex George also states that the petitioner developed optic atrophy in left eye due to the head injury and that the loss of vision in the left eye is 100% which is not reversible. The right eye is normal. Tribunal found that he has mild deafness right ear and total vision of the left eye and assessed compensation for 30% disability. Accident occurred in 1997 and at that time, he was only 22 years old. But subsequently he enrolled as an Advocate now practicing in the High Court of Kerala. Since he was only 22 years at the time of accident, multiplier to be adopted is 17. Tribunal has fixed only Rs.2,500/- as the monthly income. We see no ground to interfere with the same. However, we have sent the claimant for medical examination. Medical Board certified 35% disability. Medical certificate reads as follows: “On examination, he was found to be suffering from visual disability due to Optic atrophy in the left eye and hearing disability. The combined disability was assessed to be 35% (thirty five percent).” MFA.637/02 4 Therefore, he is entitled to compensation for 35% disability. Therefore, compensation payable will be Rs.2,500 x 12 x 17 x 35/100 = Rs.1,78,500/- instead of Rs.1,53,000/-. Therefore he will be entitled to Rs.25,500/- more. Even though it is submitted that compensation awarded under other heads are very low, considering the fact that he was subsequently practicing as an Advocate (though with disability) and considering the fact that he will be earning interest for the above, we are not enhancing the compensation under other heads. The additional amount of Rs.25,500/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the above amount, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.637 OF 2002 (C) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 29th February, 2008