IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 MACA.No. 7 of 2003(B) --------------------- OPMV.418/1996 DATED 31/08/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT: ------------------- KUNJU KUNJU KUTTY, S/O. VARGHESE, AGED 63 YEARS, ENNAKKAL HOUSE, ERATTAYAR KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.K.J.KURIACHAN RESPONDENTS: ------------------------- 1. JANARDHANAN NAIR, ARADHANA, CHIRACKAL P.O., KANNOOR. 2. RAJASEKHARAN NAIR, SOUPPALLIL HOUSE, KANGAZHA P.O., KOTTAYAM. 3. THE UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, MUVATTUPUZHA. ADV. SRI.K.T.SHYAMKUMAR FOR R1 SRI.MATHEWS JACOB (SR.) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.A.C.A.NO.7 OF 2003-B ---------------------------------------------------- Dated this the 18th day of June, 2008. JUDGMENT Koshy, J: The appellant/claimant sustained injuries in a motor accident on 1.10.1995. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent insurance company. The appellant claimed compensation for Rs.1,21,000/=. But the Tribunal granted only Rs.23,000/=. The only dispute is regarding the quantum of compensation. The appellant was aged 57 years at the time of the accident. As per Ext.A5 wound certificate, he had the following injuries: “Lacerated wound on the left arm 15 cm. Lacerated wound on the right thigh 15 cm long Rectus femoris was completely cut”. 2. It is the case of the appellant that he was treated as inpatient for 18 days in a private hospital. It is submitted that he had fracture on 8th and 6th ribs. The certificate showing fracture on 8th and 6th ribs was attached along with Ext.A5 wound certificate. But that was not considered by the Tribunal. No disability certificate was MACA.NO.7/2003 . 2 produced. According to the appellant, he was aged 57 years at the time of the accident. Because of the accident, he cannot do his loading and unloading works and there is 100% loss of earning capacity. As the disability certificate was not produced, the Tribunal did not grant any compensation for loss of earning power and disability. He was inpatient for 18 days. We are of the view that at least Rs.10,000/= ought to have been granted as compensation for disability, loss of earning power, after effect of fracture etc. He was a headload worker by profession, he was aged 57 years at the time of accident and maintaining a family. He has also produced Ext.A7 letter issued by the Secretary of the Headload and General Workers Union, Kattappana showing that he was a loading and unloading worker and and his daily income was Rs.300/= per day. The petitioner was aged 57 years at the time of the accident. His monthly income can be fixed at Rs.1,500/=. The Tribunal found that he could not do his work for two months. In view of the fracture on the ribs, he cannot do any hard work for three months. The Tribunal has awarded only Rs.2,500/=. Hence, he is entitled to Rs.2,000/= more for actual loss of earnings. Only actual medical bills were reimbursed earlier. There are several hospital expenses not covered by the bills. For transport, extra nourishments and bye MACA.NO.7/2003 . 3 stander expenses the Tribunal awarded Rs.750/=. We are of the opinion that Rs.1,500/= more ought to have been awarded on those counts. Therefore, the additional compensation payable will be Rs.72,000/=. Even though it is contended that compensation awarded for pain and sufferings and compensation under other heads are very meager, we are not enhancing the same. The additional amount of Rs.12,000/= should be deposited by the 3rd respondent insurance company with 7.5% interest from the date of application till the date of deposit over and above the decreed amount. On deposit of the said amount, the appellant is allowed to withdraw the same. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl MACA.NO.7/2003 . 4 J.B. KOSHY & P.N. RAVINDRAN, JJ. M.A.C.A.NO.7 OF 2003-B JUDGMENT 18th day of June, 2008.