IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 MFA.No. 466 of 2002() --------------------- OPMV.272/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT: CLAIMANT ------------------- MOHAMMEDALI JINNA,S/O.SULAIMAN RAWTHER, AGED 44 YEARS, KIDACHIRAYIL HOUSE, ATHIRAMPUZHA PO KOTTAYAM, REP. BY HIS POWER OF ATTORNEY HOLDER K.S.MUHAMMED RAWTHER, AGED 57 YEARS, S/O.SULAIMAN KIDACHIRAYIL HOUSE, ATHIRAMPUZHA P.O., KOTTAYAM. BY ADV. SRI.C.A.MAJEED RESPONDENTS: RESPONDENTS ------------------------ 1. NAND RAM CHANDAL, S/O.P.L.CHANDAL, 33, TOWER HOUSE ROAD, INDORE, MADHYA PRADESH. 2. CHATHER SINGH, S/O.DALAY SINGH PALADA, SASNEER, RAMPORE, SAJPUR DISTRICT, MADHYA PRADESH. 3. NEW INDIA ASSURANCE CO LTD., INDORE, MADHYA PRADESH. 4. AMEER MAMMIKUTTY, MECHERIMADOM, KAVUMKARA, MUVATTUPUZHA. 5. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, KACHERITHAZHAM, MOOVATTUPUZHA. BY ADV. SMT.M.HEMALATHA FOR R3 SRI.M.A.HAKIM SHAH FOR R5 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. ------------------------------------------------ M.F.A. No.466 of 2002 ------------------------------------------------ Dated this the 25th day of January, 2008 JUDGMENT Koshy, J: Appellant-claimant sustained serious injuries in a motor accident that occurred on 11.2.1997. He claimed a compensation of Rs. 5 lakhs. The Tribunal allowed only Rs.1,02,328/- out of which Rs.33098/- was against actual medical bills produced. The quantum of compensation alone is disputed in this appeal. 2. With regard to the injuries, the Tribunal considered the medical certificate and held as follows: “As per Ext.A13 he was unconscious at the time of admission on 11.2.1997 following a truck accident. Ext.A14 certificate is seen issued from Radiology Department of Maharaja Yeshwant Rao Hospital, Indore shows he sustained BM just below umblicus and depressed fracture frontal bone. As per Ext.A14 he was aged 30 at the time of admission. Ext.A15 is the medical certificate issued from Suyash Hospital, Indore, which shows that he was under treatment in the hospital from 11.2.1997 to 25.2.1997 following a road traffic accident and he sustained a frontal depressed fracture with bifrontal contusion of the brain. He was unconscious. He underwent an operation under general anaesthesia on 14.2.197 for excision of the depressed fracture fragments and duroplasty with [MFA.466/02] 2 fascialata graft. Ext.A16 is the discharge card issued from Suyash hospital, Indore in which his date of discharge is noted as on 25.2.1997. Ext.A17 is the certificate issued from Maharaja Heshwatn Rao Hospital, Indore. Ext.A18 is the CT scan report taken by the Cancer Care Trust & Research Foundation. In this report depressed fracture frontal bone with bilateral frontal contusion haematoma with diffuse cerebral oedema is noted. Ext.A19 is the CT Brain (Plain & Contrast) report taken on 3.3.1997. Ext.A20 is also Ct Brain ( Plain & Contrast) report taken on 1.4.1997. In this report, fracture through floor of anterior cranial fossa as well as medial wall of left orbit noted. Ext.A21 is the certificate issued by one Dr.K.Jayakumar, Medical College Kottayam on 5.5.1997. In this certificate the doctor has noted that the patient was under his treatment for postcraniotomy sequelae as a result of head injury from 3.3.1997 and also noted that discharging sinus in the right frontal region, with fever. Further he noted that the discharging sinus is still there and the petitioner is going abroad and he was adviced to go to the local neurosurgical can there for follow up. Ext.A22 is the medical certificate issued from Directorate of Medical Education. He was referred to as outpatient on 11.4.1997. Aspiration was done on 11.4.1997 and 3.5.1997. Ext.A23 is the O.P. card issued from Medical College Hospital. Ext.A24 is the patient's referral form issued from Sultanate of Oman, Ministry of Health. As per this form he was referred from Arrahma Hospital to Dr.Ravi, Neurosurgery clinic Khoyla Hospital.” 3. Appellant was a heavy vehicle driver employed in Oman and accident occurred when he came for leave. Ext.A28 is the passport. The employment certificate issued from Luban Trading Co.L.L.C. is Ext.A25. Considering the injuries sustained, for six months he was under treatment. Therefore, he is entitled to six months' salary for the [MFA.466/02] 3 actual loss of earnings. Ext.A26 certificate shows that his monthly income is 7000 Oman Rials equivalent to Rs.15,000/- per mensem. The Tribunal has taken only Rs.18,000/- as his notional income. He was working as a heavy vehicle driver. The fact that he was employed in Oman is not disputed. The Tribunal found that he was under treatment in Kerala as well as outside Kerala for about six months. The Tribunal has granted only Rs.9000/- towards loss of earning for six months. Considering the circumstances, we are of the opinion that, taking Rs.10,000/- as monthly income, six months' actual loss of earning will come to Rs.60,000/-. After deducting Rs.9000/-, claimant is entitled to an additional compensation of Rs.51,000/- on this count. The Tribunal did not give any compensation for continuing and permanent disability. According to the claimant, he was not able to attend his job after the accident properly and therefore his earning capacity was reduced. But the evidence shows that after six months he continued his job in Oman. Therefore, it cannot be said that there is loss of earning power. The Tribunal has therefore awarded Rs.5000/- towards loss of earning power and another Rs.5000/- for loss convenience and amenities in life as he has to live with the difficulties till the end of his life. The Tribunal again granted Rs.5000/- towards compensation for disfigurement, mental agony etc. We are not [MFA.466/02] 4 granting any enhancement on any of these heads. The additional amount of Rs.51,000/- 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 amount decreed by the Tribunal. On deposit of the amount, the appellant is allowed to withdraw the same. Appeal is partly allowed. Sd/- J.B. KOSHY, JUDGE. Sd/- K. HEMA, JUDGE. Krs.