IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 MACA.No. 786 of 2003() ---------------------- OPMV.28/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER IN O.P.(MV) ------------------------------------------------- SANKARAN, AGED 22, S/O.K.PON RAJ, SHEEBA FURNITURE MART KOTTAKKUNNU, S.BATHERY P.O., WAYANAD DISTRICT. BY ADV. SRI.T.KURIAKOSE PETER SRI.ABRAHAM P.GEORGE RESPONDENTS: RESPONDENTS IN OP(MV): ------------------------------------------------------------------- 1. C.K.BAIJU, AGED 34, S/O. KUNJIRAMAN, BEE NIVAS, S.BATHERY P.O., WAYANAD. 2. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO.LTD., M.G.T.BUILDINGS, KALPETTA. ADV. SRI.A.C.DEVY, SC FOR R.2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & Thomas P. Joseph, JJ. -------------------------------------- M.A.C.A. No. 786 of 2003 --------------------------------------- Dated this the 18th day of August, 2008 Judgment Koshy,J. Appellant claimant, at the age of 11, sustained injuries in a motor accident. He claimed compensation of Rs.2,50,000/-. The application for compensation before the Motor Accidents Claims Tribunal was presented through the guardian alleging that the accident occurred due to the negligence of the first respondent driver-cum-owner of the autorickshaw insured by the second respondent insurance company. The negligence of the first respondent and coverage of insurance of the offending vehicle by the second respondent insurance company was found by the Tribunal, but, only Rs.15,700/- was awarded by the Tribunal. Only quantum of compensation is disputed in this appeal. 2. Ext.A4 is the wound certificate. Ext.A6 is the scan report. Ext.A7 is the index card. Ext.A8 series are the referral OP tickets and Ext.A12 are the x-rays. The Tribunal found as follows: "A perusal of the said documents would go to show that in the accident, the petitioner has sustained the following injuries: W.A.Nos. 1273, 1274 & 1277/2003 2 'Compound fracture right leg. Left sided haemorrhagic contusion in frontal lobe. Left sided subdurall haematoma at tempero frontal left region. Fracture left temporal bone' The said documents would further go to show that the petitioner was treated in the Medical College Hospital as an inpatient for a period of 25 days." 3. Other contentions of the petitioner are that even though he produced Ext.A5 disability certificate assessing 30% permanent disability, the Tribunal did not award any compensation for permanent disability and loss of earning power. It is submitted that he lost his studies and his life became miserable due to the accident. The medical certificate shows that as a result of the injuries he had mal-united fracture and arthritis. There is behavioural abnormalities and headache and the above disabilities are permanent. The reason for not accepting the medical certificate is that the doctor was not examined even though proceedings are in summary nature and the documents were marked by consent and other x-rays, wound certificate etc. are accepted by the Tribunal. Considering the nature of injuries and considering Ext.A5 , we are of opinion that compensation can be awarded at least for 20% disability. The claimant was only a student. So, only notional W.A.Nos. 1273, 1274 & 1277/2003 3 income can be taken for the purpose of calculation. Therefore, compensation payable will be Rs.15,000/- x 15 x 15 = 100 Rs.33,750/-. The Tribunal did not award any compensation for permanent disability, loss of earning power or for other consequent disability. Therefore, claimant is entitled to Rs.33,750/- more than that is decreed by the Tribunal. The above amount of Rs.33,750/- should be deposited by the second respondent insurance company with 7.5% interest from the date of application till its deposit. Since the accident occurred in 1994, on deposit of the amount, claimant is allowed to withdraw the same. J.B.Koshy Judge Thomas P. Joseph Judge vaa W.A.Nos. 1273, 1274 & 1277/2003 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.A.C.A. No.786/2003 ------------------------------------- Judgment Dated:18th August, 2008