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 18TH JUNE 2009 / 28TH JYAISHTA 1931 MACA.No. 87 of 2005() --------------------- OPMV.1550/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): APPELLANT ----------------------- V.KUMARADAS, S/O.T.R.NAIR, RESIDING AT SREELAKSHMY, PUTHUR, PALAKKAD. BY ADV. SRI.K.R.RAGHUNATH RESPONDENT(S): --------------- 1. K.ANANTHAKRISHNAN, S/O.KUTTAN, AMVBAZHAKODE HOUSE, PALLASANA, PALAKKAD (DRIVER OF TRACTOR NO.KL-9-8940). 2. K.NARAYANAN, S/O.KANNUCHETTIAR, PUTHEN VEEDU, KOLAYAKODE, PUDUSSERY, PALAKKAD (OWNER OF TRACTOR NO.KL-9-8940). 3. ORIENTAL INSURANCE CO.LTD., TSM COMPLEX, P.B.NO.20, V.H.ROAD, PALAKKAD. ADV. SRI.S.SANTHOSH FOR R1 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.87 of 2005 .................................................................... Dated this the 18th day of June, 2009. JUDGMENT Abdul Rehim, J. Appellant is the claimant before the Tribunal. He sustained injuries in a motor accident which occurred when a Tractor hit on the scooter driven by him along with his wife on the pillion. The appellant sustained very serious head injury, including fracture of temporal bone on the right side, fracture of left zygoma and pariatal bone on the left side, fracture of clavicle, fracture of ribs, spine injury and loss of pinna of the year on the left side etc. He was treated at various hospitals. The injuries sustained to him had resulted in continuing permanent disability. The persistent orthopaedic disability due to fracture sustained to the clavicle and ribs was assessed at 5%, as evidenced by Ext.X1 Disability Certificate issued by the Medical Board, Palakkad. In Ext.X2 certificate issued by the Medical Board attached to the Medical College Hospital, Trichur, it is stated that the head injury had resulted in neurological deficiencies like Nerve Palsy, which is 2 assessed at 5%. Further, the ENT Surgeon has reported that there is cosmetic disability on account of loss of pinna of the left ear. After considering the various certificates, Tribunal adopted whole body disability with respect to loss of earning power at 12%. The appellant claimed that he was conducting a grocery shop. But no evidence produced to prove his income. Therefore, the Tribunal adopted notional income of Rs.2,000/- per month for the purpose of computing compensation for permanent disability. The appellant had produced medical bills worth Rs.77,000/-. The Tribunal awarded an amount of Rs.80,000/- under the head of treatment expenses. A total amount of Rs.1,77,500/- was awarded as compensation under various heads. 2. Counsel for the appellant contended that inspite of continued treatment, both as inpatient and as outpatient, the Tribunal had not 3 taken note of the severe pain and suffering and mental agony suffered by the appellant. According to him, an amount of Rs.17,500/- awarded towards compensation for pain and suffering is highly unreasonable and inadequate. It is also contended that the appellant suffered disorder in functioning of the pituitary gland as a result of the head injury, and he had to continue on medication throughout his life by taking hormone treatments. But inspite of claim for future treatment, the Tribunal had not awarded any amount under that head. 3. On an overall consideration of the award and evidence on record, we feel that the Tribunal ought to have awarded compensation under the abovesaid heads. In the facts and circumstances of the case, we feel that enhancement of the total compensation by an additional sum of Rs.25,000/- will meet the ends of justice. 4 In the result, the total compensation of Rs.1,77,500/- awarded by the Tribunal is enhanced by an additional sum of Rs.25,000/- which will carry interest at the rate of 9% p.a. from the date of application till the date of payment. The third respondent-Insurance Company is directed to deposit the amount within a period of three months. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms