IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 4TH JULY 2007 / 13TH ASHADHA 1929 MFA.No. 648 of 1999(A) ---------------------- OPMV.1645/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM DATED 11.11.1998 .................... APPELLANT/PETITIONER: ----------- PUNNOOSE ALIAS CHACKOCHAN,AGED 49 YEARS, S/O.MARKOSE, PALLATHUMARA HOUSE, KARIMBA, MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR SRI.T.THANKAM RESPONDENTS/RESPONDENTS 1 TO 3: ------------- 1.SRI.ABDUL NAZAR, AGE NOT KNOWN, S/O.SAIDU, CHOLAPADATHY HOUSE, EDAKURASSI, KARIMBA, MANNARKKAD. 2.MR.NOUSHAD,S/O.SIADU, AGED 24 YEARS, CHOLAPADATHY HOUSE, EDAKURUSSI, KARIMBA MANNARKKAD, PALAKKAD DISTRICT. 3.THE UNITED INDIA INSURANCE CO. LTD., PALAKKAD. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.F.A.NO.648 OF 1999 (A) ----------------------------------- Dated this the 4th day of July, 2007 J U D G M E N T KOSHY,J. Appellant petitioner met with an accident on 24.1.1994 and as a result of which he suffered severe injuries. Ext.A3 is the wound certificate issued from Dr. Menon's Accident and Trauma Research Centre, Olavakkot. Considering the nature of injuries, he was referred to Medical College Hospital, Coimbatore and thereafter he was treated there for five months. He claimed a compensation of Rs.4,00,000/-. But the tribunal awarded only Rs.45,000/-. Only quantum of compensation is disputed in this appeal. Ext.A3 is the wound certificate which shows the following injuries: “Compressed fracture L3 vertebrae, communited fracture lower 3rd shaft of femur and colles fracture to right wrist. Apart from corresponding eternal injuries like tenderness over thoracic spine, tenderness over chest, tenderness over thigh and tenderness over M.F.A.648/1999 2 lower end of radius. He also sustained lacerated wound over tongue and below the chin.” Ext.A4 is the treatment card issued from the Medical College Hospital, Coimbatore which shows that he was hospitalised for five months. According to the counsel for the appellant in view of the vertebrae fracture, he cannot stand up and he is bed ridden. Since no disability certificate was produced tribunal did not grant any compensation for disability or loss of earning capacity even though Rs.5,000/- was granted for loss of amenities. This Court has directed the claimant to be examined by the Medical Board. But Medical Board informed that two opportunities were given but he did not appear before the Medical Board. Learned counsel for the appellant submitted that because of his disability he might not have appeared before the Medical Board. Therefore we are unable to give compensation on a multiplier system. But we note that Tribunal has fixed Rs.1,500/- as monthly income. Considering the compressed fracture L3 vertebrae, communited fracture lower 3rd shaft of femur and fracture to right wrist, we are of the view that Rs.25,000/- can be granted for disability and loss of earning capacity. Considering the fractures including M.F.A.648/1999 3 fracture lower 3rd shaft of femur and colles fracture to right wrist, for pain and sufferings at least Rs.10,000/- ought have been granted. But only Rs.7,000/- was granted. Therefore he will be entitled to additional Rs.3,000/-. We note that for medical expenses, only the actual medical bills were reimbursed. Considering the nature of disability he needs future treatment also. He has to go to hospital for treatment far away from his house. Therefore we award Rs.5,000/- as treatment expenses. Therefore claimant will be entitled to Rs.33,000/- than that of the amount awarded by the tribunal. The above amount should be deposited with 7% interest from the date of application till deposit. On deposit of the above amount, he is allowed to withdraw the amount. Accordingly this appeal is partly allowed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO.648 OF 1999 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th July, 2007