IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 MFA.No. 863 of 2002 --------------------------- OP(MV.) 13/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA ................................. APPELLANT: PETITIONER IN O.P.(MV) ----------------------------------------------------- JAYAS C., S/O.CHERIAN, KONATTUMAKKILYIL HOUSE, ANCHELPETTY P.O., ONAKKOOR VILLAGE. BY ADV. SRI.P.P.JACOB RESPONDENTS: ---------------------- 1. ROBIN GEORGE, S/O.GEORGE, PULIYAPRAYIL HOUSE, ELANJI VILLAGE, PERUMPADAVAM KARA. 2. P.K.ROYSON, PATTASSERIL HOUSE, PERUMPADAVAM P.O., ELANJI. 3. THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, MUVATTUPUZHA. R3 BY ADV. SRI.M.JACOB MURICKAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.863 of 2002 ----------------------------------------- Dated this the 8th day of January, 2008 JUDGMENT Koshy, J. Appellant, who was an advocate by profession, suffered injuries in a motor accident, due to the negligence of the driver of the vehicle insured by the third respondent Insurance Company. However, against a claim of Rs.1.5 lakhs, only Rs.41,100/- was allowed by the Tribunal and only the quantum of compensation is disputed in this appeal. 2. According to the claimant, he was getting Rs.4,000/- per month from his profession as advocate. The Tribunal fixed Rs.1,800/- as the monthly income. The accident occurred in 1998. We are of opinion that atleast Rs.3,000/- ought to have been fixed as the monthly income. Exhibit A3 is the copy of accident register cum wound certificate issued from Medical College Hospital, Kottayam as per which he was admitted on 25.1.1998 as he sustained lacerated wound over right eye brow, abrasion over right knee, abrasion over left knee, and over left anterior superior iliac spine and over forehead in the mid line. Exhibit A7 is the medical certificate issued MFA.863/02 2 from the Medical College Hospital which shows that he sustained fracture right zygoma, blood clots in the right frontal sinus and lineac fracture involving right frontal sinus and C.S.F., rhinohrea and he was discharged on 10.2.1998. There he was on IP for 16 days. The Tribunal did not grant any compensation for disability or loss of earning power as the petitioner was not able to prove that there was any permanent disablement due to the accident. The Tribunal was of the opinion that for three months he cannot go to practice and Rs.5,400/- was awarded as the loss of actual earning. Since we have fixed Rs.3,000/- as the monthly income, he is entitled to Rs.3,600/- more on that count. The Tribunal has awarded only Rs.1,000/- for disfigurement. It is submitted that the disfigurement is still continuing and he is even still unmarried. We are of opinion that atleast Rs.5,000/- ought to have been granted for disfigurement. Therefore, the additional amount payable on that count is Rs.4,000/-. It is true that for the medical expenses, only the amount covered by actual bills granted by the Tribunal. Nasal treatment is continuing. Sinus problem developed. Considering the fact that he was inpatient for 16 days, we award Rs.2,400/- for medical expenses. Thus, total additional amount payable will be Rs.10,000/-. The above amount of Rs.10,000/- should be deposited by the third respondent Insurance MFA.863/02 3 Company with 7.5% interest from the date of application till the date of deposit, over and above the amount decreed by the Tribunal. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is allowed, partly. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.863/02 4 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.NO.863 OF 2002 ------------------------------ JUDGMENT 8.1.2008