IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 MACA.No. 1404 of 2004() ---------------------------------- OPMV.945/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, N.PARAVUR .................... APPELLANT/PETITIONER. ----------------------------------- C.A.GOPI, AGED 48, S/O.APPU, CHIRATTAPPURACKAL HOUSE, KADAPPURAM BHAGAM, VELIYATHAMPARAMBU KARA, NAYARAMBALAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.N.SURESH RESPONDENTS/RESPONDENTS. ----------------------------------------------- 1. K.S.SURESH KUMAR, S/O. SAKARAN, SANKARADY HOUSE, XVII/258, SOUTH NULUVAZHY, NORTH PARUR. 2. UNITED INDIA INSURANCE COMPAY LTD., REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE, MUNICIPAL BUILDING, MAIN ROAD, NORTH PARUR. ADV. SRI.PMM.NAJEEB KHAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.1404 OF 2004 ------------------------------------- Dated 31st October, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained serious injuries in a motor accident on 11.4.2000. Against a claim of Rs.1,70,000/=, the Tribunal awarded only Rs.60,250/= inclusive of reimbursement of medical expenses. The appellant produced disability certificate assessing 20% disability issued by the Medical Board. The above certificate reads as follows: “This is to certify that we, the members of the Special Medical Board have examined Sri.C.A.Gopi, aged 47 yrs, S/o.Appu, Chirattapurackal, Veliyathamparambu, Nayarambalam, whose signature is given above, on 21.04.2003 and have reached the following conclusions. As per the discharge summary (OP No:119757 – IP No:46896) issued from the Modern Hospital, Kodungallur Ltd., Kodungallur, Sri.C.A.Gopi met with a road traffic accident at 7.30 P.M. on 11.04.2000 and was referred from Don Bosco Hospital, Paravoor on 11.04.2000 and was referred from Don Bosco Hospital, Paravoor on 11.04.2000 for the management of intracranial injury. He had sudden loss of consciousness, regained consciousness and became disoriented. C.T. Scan revealed 1. Fracture (Rt) temporal bone 2. (Lt) inferior frontal haemorrhagic contusion and thin frontal acute sub arachnoid haemorrhage (SDH) 3. Rt. MACA.1404/2004 2 posterior temporal lobe confusion and thin SDH. 4. Small punctuate bleeds in the internal capsule (Rt) side and 5. Brain oedema. He was admitted in the Neurosurgery Department from 11.04.2000 to 22.04.2000. On discharge, he was conscious, oriented with no neurological deficit and was advised to continue anticonvulsant Eptoin with regular follow up. After discharge, the patient used to get attacks of headache, giddiness, impaired memory and convulsions on and off. As per the certificate dated 05.10.2000, issued by Dr.Thomas Vargheese, M.S.M.Ch., Consultant Neurosurgeon, Little Flower Hospital & Research Centre, Angamaly he was under follow up treatment for head injury sequelae which interfered with his routine work and social well-being. Since he has the Psychoneurotic state (as sequelae of head injury) of extended, persistent symptoms, enforcement of continued adjustment of employment relations of moderate adjustment required, his disability is assessed to be 20% (Twenty percent).” According to the appellant, even though the above certificate was produced and marked as Ext.A8, it was not considered and the Tribunal awarded only Rs.10,000/= for permanent disability. We note that Rs.10,000/= was awarded for disability and another Rs.10,000/= for loss of amenities . Rs.2,500/= was awarded for disfiguration and Rs.20,000/= was awarded for pain and suffering. Since the certificate issued by the medical board was not proved, we are of the opinion that the Tribunal has given ample reasons for not accepting MACA.1404/2004 3 the above assessment. However, considering the injuries suffered, we award an amount of Rs.7,000/= more than that was awarded by the Tribunal. The above amount of Rs.7,000/= 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