IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 MACA.No. 955 of 2006(B) ----------------------------------- O.P.(MV).NO.2035/1998 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM. .................... APPELLANT/PETITIONER: ------------------------------------- U.K.SELVARAJ, S/O. KRISHNANKUTTY, ULLADAPARAMBIL HOUSE, NEAR MARKET, THAMMANAM ROAD, VYTTILA P.O., COCHIN-19. BY ADV. SRI.VIVEK VARGHESE P.J. RESPONDENTS/ RESPONDENTS IN O.P(MV): ---------------------------------------------------------------- 1. MR. KUNJAHAMMED, 12/297, KANCHIRAKODE, PUTHENPALLI, PIRAYARI, PALAKKAD. 2. THE UNITED INDIA INSURANCE CO. LTD., COCHIN-16. ADV. SRI.S.MAMMU FOR R2. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.A.C.A.No.955 of 2006 ===================== Dated this the 7th day of July, 2008. JUDGMENT Koshy,J. The appellant - claimant sustained injuries in a motor accident on 9.7.1998. The Tribunal found that the accident occurred due to the negligence of the first respondent, the driver of the bus insured by the second respondent. But against a claim of Rs.1,50,000/-, the Tribunal awarded only Rs.45,750/-. The only dispute is regarding the quantum of compensation. 2. The Tribunal did not award any compensation for permanent disability and consequential loss of earning power. The injuries as found by the Tribunal are as follows: "The petitioner sustained the following injuries as revealed from Ext.A6 wound certificate issued from Medical Trust Hospital: "1. Black eye right. 2. Bleeding from the left ear. 3. Fracture of right clavicle and left clavicle. MACA 955/06 -: 2 :- 4. Fracture of right second toe. 5. Lacerated wound of right wrist 1x0.5 cm x 0.5 cm. 6. Small lacerated wound 0.5 x 0.5 cm on the right side of chest and right arm. 7. Abrasion on the right forearm. 8. Fracture of right zygoma. Orthopaedic consultation was done for the fracture of both clavicle and right 2nd metatarsal bone. X-ray chest - Fracture of left and right clavicles. X-ray right foot - Dislocation of proximal interphalangeal joint of 2nd toe. Fracture of proximal phalanx of 4th toe shaft." Petitioner was in the hospital for 17 days. Ext.A7 is the discharge summary. Petitioner suffered bilateral clavicle fracture, dislocation of PIP joint and fracture of proximal phalang of 4th toe (R). The treatment was conservative. Ext.A8 is the certificate issued by the hospital stating that petitioner had also suffered mild head injury. There was fracture to left temporal bone." 3. According to the claimant, he is unable to drive long trips. According to the Tribunal, since he is able to drive, it MACA 955/06 -: 3 :- cannot be said that he has permanent disability. But for the loss of amenities of life, Rs,12,000/- was awarded. Considering the injuries mentioned in the medical certificate we have referred the matter to the Medical Board, Medical College Hospital, Kottayam for assessing the permanent disability if any. The Doctor certified that permanent disability suffered by the appellant is 5%. So, the compensation can be calculated for 5% disability. He was aged 31 at the time of the accident. The accident occurred in 1998. Taking the guidance from the 2nd Schedule, 17 can be fixed as multiplier. He was a driver by profession. He was maintaining a family. Even if he was getting only Rs.100/- per day, Rs.2,500/- can be fixed as monthly income for 25 days work in a month. So, we fix Rs.2,500/- as monthly income. If that be so, the compensation payable for 5% disability will be Rs.25,500/- (2500x12x5/100x17). The Tribunal has awarded Rs.12,000/- for loss of amenities. Considering the fact that no compensation was awarded for permanent disability, loss of earning power and loss of amenities, etc., he is entitled to Rs.13,500/-. The claimant had three fractures. According to the claimant he was advised to take best rest for six months. MACA 955/06 -: 4 :- Considering the above facts we are of the opinion that he was not able to do the work for at least four months. Therefore, for loss of actual earnings for four months he is entitled to Rs.10,000/-. The Tribunal has granted Rs.3,000/- for actual loss of earnings. So, the additional amount he is entitled to for the actual loss of earning is Rs.7,000/-. Thus, the total additional amount payable is Rs.20,500/-. We are of the opinion that sufficient compensation has been granted under other heads. 4. The additional amount of Rs.20,500/- should be deposited by the second respondent - Insurance Company with 7.5% interest from the date of application till its deposit. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 19/7