IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 MACA.No. 756 of 2005() -------------------------------- OPMV.1780/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: ----------------------------------- AJI JOHN, S/O. JOHN, AGED 27 YEARS, PULIYANICKATTIL, EDAYAR KARA, EDAYAR P.O., KOOTHATTUKULAM VILLAGE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT/ RESPONDENTS: --------------------------------------------- 1. JAMALUDEEN, S/O. DAVOOD, KOLANJIL HOUSE, PUTHUVAL KARA, AYALOOR VILLAGE, PALAKKAD DISTRICT. 2. M.M. MOHAMMED THAMEEN, S/O. MOHAMMED YOOSEF, 8/196, VAKAVANNOOR, CHITTOOR, PALAKKAD. 3. NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, 28 R.G. STREET, COIMBATORE. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.756 OF 2005 ------------------------------------- Dated 4th November, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained injuries in a motor accident on 19.2.2000. He claimed a compensation of Rs.4,50,000/=. The total compensation including reimbursement of medical expenses granted was only Rs.38,350/= with interest. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company and 3rd respondent was directed to deposit the amount. Only quantum of compensation is disputed in this appeal. 2. Immediately after the accident, the claimant was admitted in the Medical Mission Hospital, Kolencherry. The details of injuries motioned in Ext.A6 wound certificate are as follows: “Haematoma (R) occipital region, right frontal region C/L black eye Abrasion on the nose, (R) side of forehead Lacerated wound over the right knee 1 x 1 cm Bruises on the right thigh and right leg.” MACA.756/2005 2 Ext.A7 is the discharge summary. It shows that the claimant was treated as inpatient for 96 days in the hospital and he had suffered the following injuries: “Right frontal extradural haematoma. Fracture of right frontal Bone Right middle cranial fossa fracture with Partial VII th nerve injury. Lacerated wound over the right knee.” It was also noted that there was mild mixed hearing loss on right side. After six months he was admitted in the Medical Trust Hospital, Ernakulam mainly for ligament injuries. Medical Board certified that he sustained permanent orthopaedic disability to right leg assessed at 30%. One of the doctors who issued the medical certificate was examined. He deposed that ligament injury was not noted in the wound certificate or discharge card issued from the Medical Mission Hospital, Kolencherry. He also did not deny the possibility that ligament injury subsequently noticed in the Medical Trust Hospital can be due to a fall. But, Ext.A7 only shows lacerated injury over right knee. The Tribunal found that it cannot be positively stated that the ligament injury is not due to the accident. No compensation was awarded on a scientific basis for the disability. In any event, there was hearing loss also. Total permanent disability as to the whole body assessed was 10%. According to the claimant, he was an agriculturist earning Rs.3,500/= per month. But, no materials were MACA.756/2005 3 produced to prove the income. Considering the fact that there was head injury, partial VIIIth nerve injury and loss of hearing, the Tribunal awarded Rs.6,000/= for inconvenience in life. Only Rs.10,000/= was awarded for disability and loss of earning power. Considering the fact that he sustained head injury, VIIIth nerve injury, hearing loss and difficulty in movement of the right knee, we are of the opinion that the Tribunal ought to have awarded Rs.10,000/= more for disability and loss of earning power. No enhancement is required under other heads. The above additional amount of Rs.10,000/= should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit, over and above the amount decreed by the Tribunal. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks