IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 MFA.No. 1349 of 2002() ---------------------- OPMV.222/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: PETITIONER: ----------------------------------------- NARAYANAN SHETTTY, 45/9, S/O. MAHABALASHETTY, MOHAN NILAYAM, MANJAKKAL, P.O. SIDDAKATTE (DK) MANGALORE VIA. PIN 574 237. BY ADV. SRI.LALJI P.THOMAS RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. SREESADAN S/O. SREEDHARAN NAIR, KACHERIKUNNUMMIL HOUSE, ANADIKKAVU, RIPPON POST, WAYANAD (DRIVER OF JEEP NO. *KL 12/848, D.L.NO.NOT KNOWN) 2. O.SANKARAN UNNI S/O. SANKARANKUTTY, ORKKATTERI VEEDU, THAZHE ARAPPETA, MEPPADI, WAYANAD DISTRICT(OWNER OF JEEP NO. *KL 12/848) 3. NATIONAL INSURANCE CO. LTD., KALPETTA BRANCH (INSURER OF JEEP NO.* KL 12/848 POLICY NO. 570309/31/93/63/00470 CERT. NO. 570 309/12400/5199/93) *AMENDED AS PER ORDER IN I.A.1946/95 DTD. 4/11/1995 BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss, J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.1349 OF 2002 ------------------------------------- Dated 13th February, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained serious injuries in a motor accident. He claimed a compensation of Rs.1,50,000/=. Tribunal found that the accident occurred due to the negligence of the first respondent driver of the Jeep owned by the second respondent and insured by the third respondent, but, only Rs.19,700/= was awarded as compensation. Quantum of compensation alone is disputed in this appeal. 2. Ext.A3 is the wound certificate and Ext.A4 is the disability certificate. The wound certificate shows the following injuries: “(1) Multiple abrasions right left. (2) Fracture both bones leg upper 4th left. (3) Fracture base of the 4th 5th metacarpel left. (4) Type II compound fracture little finger left. (5) Lacerated wound 3 x 2 skull deep over the left parietal.” He was treated in the Medical College Hospital, Calicut. Thereafter he was treated in the Kasturba Medical College, Mangalore. He was MFA.1349/2002 2 treated as an inpatient for more than one month. Ext.A4 is the disability certificate issued from the Kasturba Medical College as per which there was 25% permanent partial disability considering the fact of ankle stiffness and Volkmans Ischaemic Contracture of left leg. Tribunal did not rely on the same as docotor was not examined. Considering the injuries, we are of the view that the above percentage of disability is only to that part and whole body disability can be fixed at 10%. Tribunal assessed Rs.700/= as monthly income. According to the claimant, he was getting Rs.1,500/= per month. The accident occurred on 12.12.1993. Under the second schedule, even for a non-earning person notional monthly income is fixed at Rs.1,250/= (Rs.15,000/= per year). Here, the appellant was not a non-earning person. He was a coolie aged 45 and maintaining a family. Therefore, Rs.1,500/= claimed by him is not excessive. We fix Rs.1,500/= as the monthly income. If that be so, compensation payable for permanent disability and loss of earning power will be Rs.23,400/= (1,500 x 12 x 10 x13). Tribunal has awarded Rs.5,000/= 100 for disability and loss of earning power. So, he will be entitled to an additional amount of Rs.18,400/= on this count. Tribunal found that he was under treatment for four months and fixing Rs.700/= as monthly income Rs.2,800/= was awarded for loss of actual earnings for four months. Since we have fixed Rs.1,500/= as the monthly income, compensation payabale under that head will be Rs.6,000/=. MFA.1349/2002 3 Hence, the appellant is entitled to Rs.3,200/= more on this count. For treatment expenses, against a claim of Rs.20,000/= only Rs.1,000/= was awarded. He was treated as an inpatient for more than one month in the Medical College Hospital, Calicut and Kasturba Medical College, Mangalore. For treatment expenses we award Rs.4,000/= more as he was taken from the place of incident to the Calicut Medical College Hospital and thereafter to Kasturba Medical College, Mangalore. We are of the opinion that considering the total amount of compensation awarded, no further enhancement is necessary. Thus, the appellant is entitled to an additional compensation of Rs.25,600/=. The above amount of Rs.25,600/= should be deposited by the third respondent insruance 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 amount, appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE K.HEMA JUDGE tks