IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 MFA.No. 1079 of 2001(B) ----------------------- OPMV.4175/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT: CLAIMANT: ------------------------------------- K.K.SHAJI, KANARANKANDIYIL, CHERODE AMSOM, ERAPURAM DESOM, P.O.CHERODE, VADAKARA. BY ADV. SRI.R.PARTHASARATHY SMT.S.LAKSHMI RESPONDENTS: RESPONDENTS: ------------------------------------------------- 1. P.BALAKRISHNAN, S/O.RAMANKUTTY, KELOTH HOUSE, ERAMANGALAM, BALUSSERY. 2. NANU, S/O.KELAPPAN, KAYAKULANGARA, KAKKATTIL AMSOM, DESOM, P.O. VATTOLI,, VADAKARA TALUK. 3. THE UNITED INDIA INSURANCE CO.LTD., VADAKARA. BY ADV. SRI.M.S.PATTALI SRI.T.VINOD KUMAR THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.1079 OF 2001 ------------------------------------- Dated 13th February, 2008 JUDGMENT Koshy,J . A youngster aged 24 sustained serious injuries in a motor accident and he calimed a compensation of Rs.2,00,000/=. Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company, but, awarded only Rs.11,000/= as compensation. Only quantum of compensation is disputed in this appeal. 2. With regard to the injuries sustained in the accident, Tribunal considered the medical certificate . Ext.A2 dated 6.6.95 is the wound certificate which shows the following injuries: “Swelling and tenderness on right thigh, suspected fracture femur, lacerated wound of the nose 2 x .5cms and abrasion below left eye 3 x .5cms.” Ext.A3 is the Index Card issued from the Medical College Hospital, Kozhikode. It evidences that the petitioner was admitted on 6.6.95 and discharged on 7.7.95. Even though he sustained lacerated wound on the head, there was no brain injury. Ext.X1 is the case sheet issued from MFA.1079/2001 2 the Medical College Hospital, Kozhikode which shows fracture of femur right and lacerated wound of medial side of right knee joint. No disability certificate was produced. Medical certificate shows that fracture was well united. Even though it was contended that there was fat embolism, no medical records were produced to show the same. In the absence of medical certificate, Tribunal granted only Rs.1,000/= for continuing permanent disability. We note that he was in the hospital for about one month. Only Rs.2,000/= was awarded as compensation for pain and suffering. We are of the opinion that considering the long treatment undergone in the hospital and fracture of the femur, Rs.10,000/= ought to have been granted for pain and suffering. Therefore, he will be entitled to an additional amount of Rs.8,000/= on that ground. For about three months he was unable to do any work due to the fracture of the femur. According to him, he was a self employed person and getting a monthly income of Rs.3,000/=. No evidence regarding the income was produced. If only Rs.1,500/= is taken as monthly income, for three months he will be entitled to Rs.4,500/= as actual loss of earning. Tribunal has awarded only Rs.2,000/=. So, he will be entitled to an additional amount of Rs.2,500/= under that ground. For medical expenses only Rs.4,000/= was awarded. In view of the actual bills produced, we are of the opinion that Tribunal ought to have granted Rs.2,500/= more MFA.1079/2001 3 as there will be many expenses not covered by the bills and he was under treatment in the hospital for long time. K-Nail was put and subsequently it was removed. We are also of the view that in view of the fracture and subsequent complications, another Rs.3,000/= should be awarded for loss of amenities. Thus, the appellant is entitled to an amount of Rs.16,000/= more than that was awarded by the Tribunal. The above amount should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit. On deposit of the amount, appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE K.HEMA JUDGE tks