IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 MACA.No. 1484 of 2004() ----------------------- OPMV.403/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT: PETITIONER: ------------------------------------ A.K. AZEEZ, S/O. KUNJUMOHAMMED, ANJIKATTU HOUSE, THETTALI, CHOWARA P.O. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): RESPONDENTS: --------------------------- 1. C.V.THOMAS, CHACKALACKAL HOUSE, CHELAMATTOM, OKKAL P.O. 2. NATIONAL INSURANCE CO., MULLAPPILLY BUILDING, ALUVA MUNNAR ROAD, PERUMBAVOOR-683 542. 3. P.V.XAVIER, PADUPURACKAL HOUSE, C/O. STATE BANK OF INDIA, VYTTILA, ERNAKULAM. ADV. SRI.JOE KALLIATH, SC FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON 25/06/2009 PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ---------------------------------------------- M.A.C.A. No.1484 of 2004 ---------------------------------------------- Dated this the 25th day of June, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. 1. Appellant is the claimant before the Tribunal. He sustained very severe injuries when a Tempo Van hit against the motor cycle on which he was travelling as a pillion rider. The injured was at the age of 28 years. He was a loading and unloading worker who claims to have been getting a monthly income of Rs.3,500/-. The appellant sustained very severe injuries like depressed fracture of right frontal bone, fracture of right-radial styloyd, fracture of base of second meta tarsal, bimalliolar fracture, fracture of inferior pole of right patella, blow out fracture of right orbit and injury to the right eye ball including optic nerve etc. He was treated at Medical Trust Hospital, Ernakulam for a considerable long period. Evidence on record show that the petitioner had lost his eye sight on the right eye and he lost the ability of pursuing smell. The CT scan report showed that the fracture of the frontal bones is bilateral involving frontal sinus and lateral walls of both orbits and through a superior orbital rim and floor of right orbit along with fracture through bilateral ethimoid and maxillary sinuses with MACA.1484/04 2 hemorrhage into sinus cavity. The CT scan report as well as medical certificates clearly showed the severe nature of the injuries as well as its persistent disabilities. The MRI scan of the brain showed large area of T2 prolongation on the right frontal lobe and evidence of pneumocranium with air being seen in the left lateral ventricle. 2. The appellant was awarded with a total sum of Rs.3,50,494/-. The continuing permanent disability was assessed at 40%. But inspite of the fact that the petitioner is a loading and unloading worker the Tribunal adopted his monthly income only at Rs.1800/-. According to the appellant it is highly unrealistic and inadequate. The counsel for the appellant contended that the severe head injuries and injury sustained to the brain had put the appellant into continued permanent disablement from doing any sort of manual labour. Therefore the disability had resulted in causing total disablement of the appellant from his occupation in life. Hence the appellant is also challenging fixation of the percentage of disability at 40%. Inspite of loss of eye sight and loss of smell the compensation awarded by the Tribunal for loss of amenities and enjoyment of life at Rs.40,000/- is highly inadequate, is the contention. He has lost his right eye due to severe injury sustained on the face. Hence the amount of Rs.15,000/- awarded as compensation for disfiguration is highly MACA.1484/04 3 unreasonable, according to the appellant. 3. Considering the entire facts and circumstances it is evident that the appellant became totally disabled from continuing any sort of manual work in his life. He had undergone prolonged treatment and is still continuing under medication. The disfigurement and loss of amenities and enjoyment of life will be continued his lifelong. Under the above said facts and circumstances we feel that the total compensation awarded by the Tribunal is on the lower side. It is only just and reasonable to increase the amount of compensation awarded by the Tribunal by a sum of Rs.75,000/-, in order to meet the ends of justice. In the result, the appeal is partly allowed enhancing the total amount of Rs.3,50,494/- awarded by the Tribunal by an additional sum of Rs.75,000/-. The additional amount of compensation will carry interest @ 9% per annum from the date of petition till the date of payment. The 2nd respondent-Insurance Company is directed to make payment of the amount within a period of three months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb