IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MFA.No. 201 of 2003(F) ---------------------- OPMV.232/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/CLAIM PETITIONER: --------------------------- M.M.MAJEED, ELAHEE MANZIL, KOTTUNGANAL, CHANTHIROOR P.O., ALAPPUZHA. BY ADV. SRI.REJI MATHEW KAVALAYIL RESPONDENTS/RESPONDENTS: ------------------------ 1. P.V.FRANCIS, 19/1753-A, PIPE LINE ROAD, PALLURUTHY, COCHIN. 2. THE NEW INDIA ASSURANCE CO.LTD., EDATHIL BUILDING, THOPPUMPADY, COCHIN (REPRESENTED BY IT'S BRANCH MANAGER - COCHIN) BY ADV. SRI.N.S.MOHAMMED USMAN FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- M.F.A.NO.201 OF 2003 (E) ----------------------------------- Dated this the 8th day of July, 2008 J U D G M E N T KOSHY,J. Appellant/claimant sustained injuries in a motor accident on 29.8.1997. He claimed a compensation of Rs.1,50,000/-. Tribunal awarded only an amount of Rs.18,140/-. Only dispute is regarding the quantum of compensation. 2. Petitioner was working as Ice lifting man in R.F. Company. According to him, he was getting Rs.3,000/- as monthly income. Tribunal fixed only Rs.2,000/- as the monthly income. Ext.A5 letter issued from the employer was not accepted. He was 32 years old and accident occurred in 1997. He was maintaining a family. We are of the opinion that even if he was getting a minor amount of Rs.100/- per day and he may get 25 days work, atleast Rs.2,500/- ought have MFA.201/03 2 been assessed as the monthly income even though Ext.A5 issued by the employer is not accepted. He sustained cervical bone fracture and other injuries. He was treated as inpatient in the General Hospital for eight days and again he was re- admitted and treated as inpatient for seven days and advised rest for three weeks. He continued his treatment. Doctor certified Ext.A6 to show his treatment. Ext.A10 disability certificate shows that he has got 15% disability. Tribunal did not grant compensation on a multiplier method, but Rs.7,000/- was granted for disability and loss of earning capacity. Rs.3,000/- was awarded for loss of actual earning. For 11/2 months, he was unable to do any work. The contention of the appellant is that even though Doctor certified 15% disability, he is unable to do any work as ice lifter as he cannot carry weight. There was cervical bone fracture. The disability certificate reads as follows: “Certified that today, I have examined Sri.M.M.Majeed, 36 years, whose signature is given above and find that he is a disabled person with post-traumatic sequence of pain and limitation of movement of neck region following on RTA on 29.8.1997. His flexion MFA.201/03 3 and extension of cervical spine is limited due to traumatic cervical disc pro-lapse (C5-6 disc). He has also get giddiness while turning the neck to other side. He also has got numbness and trigging of both upper limbs. He was treated at Bharat Hospital, Chandiroor and General Hospital, Ernakulam following the RTA and I had perused the Xray and discharge certificates issued from these Hospitals. So, it is certified that he is an orthopaedically disabled person and his partial permanent disability is assessed to be 15% (Fifteen).” Considering the cervical fracture, we are of the view that tribunal ought have allowed atleast compensation for 10% disability. He was aged 32 at the time of accident. Taking 2nd schedule as guideline, 17 is the apt multiplier. If that be so, compensation payable will be Rs.2,500 x 12 x 17 x 10/100 = Rs.51,000/-. Tribunal has granted only Rs.7,000/- for disability and Rs.3,000/- towards loss of earning power. That is to be deducted. Hence additional amount payable for disability and loss of earning power is Rs.41,000/-. Tribunal has granted compensation for loss of actual earning for one MFA.201/03 4 month and awarded Rs.2,000/-. Considering the cervical fracture and treatment he has undergone, we are of the view that tribunal ought have granted atleast three months salary as loss of actual earning for the period of treatment. Since we have increased the monthly income as Rs.2,500/-, he is entitled to additional Rs.5,500/- towards loss of earning for three months. It is submitted that compensation awarded for pain and sufferings and treatment expenses etc. are very meager. We are of the view that atleast Rs.5,000/- ought have been granted for pain and sufferings. Tribunal has granted only Rs.3,000/-. Hence additional amount is Rs.2,000/-. He produced medical bills for Rs.534.94 and only that amount was allowed. There will be many expenses which are not covered by bills. For 15 days treatment, Rs.500/- was awarded. We are of the opinion that another Rs.1,500/- ought have been awarded for treatment and other incidental expenses during the treatment period. Thus, additional amount payable will be Rs.50,000/-. Even though it is argued that compensation awarded under other heads are very meager, considering the total amount granted, we are not MFA.201/03 5 enhancing the same and the additional amount of Rs.50,000/- should be deposited by the 3rd respondent Insurance 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. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO.201 OF 2003 (E) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 8th July, 2008