IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 MFA.No. 1365 of 1999(D) ----------------------------------- O.P(MV).NO.2061/1993 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/ PETITIONER: -------------------------------------- SULOCHANA. C.D., AGED 40, W/O. BALAKRISHNAN NAIR, PUTHUSSERY HOUSE, VAIKARA.P.O., KURUPPAMPADY, PERUMBAVOOR. BY ADV. SRI.P.K.BALAKRISHNAN NAIR. RESPONDENTS: ----------------------- 1. P.M. ELDO, S/O. MATHEW, PALLIPADOM HOUSE, CHUNDAKUZHY.P.O., KURUPPAMPADY, PERUMBAVOOR. 2. P.K. BABU, S/O. KURIAKOSE, POMCHIKUDY, KURUPPAMPADY. 3. ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, T.H. TOWER, MARKET ROAD, MUVATTUPUZHA. 4. P.K. KURIAKOSE, S/O. KURIAKOSE, KAKKANADU HOUSE, MAKKADAMP.P.O., MUVATTUPUZHA. 5. DIVAKARAN, AGED 43, S/O. LIRIMBAN, MOOTHEDETHU VEETTIL, PUTHUVAZHY KARA, RAYAMANGALAM VILLAGE, PERUMBAVOOR. 6. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, BOMBAY NO. XII/349, A.M. ROAD, PERUMBAVOOR. BY ADV. SRI.A.MOHAMMED MOSHTAQUE - R6, SRI.P.V.JYOTHI PRASAD - R3, SRI.T.K.SASIKUMAR - R5, SRI.C.A.NAVAS - R5. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.No.1365 OF 1999 (D) ------------------------------------- Dated the 26th day of May, 2008 J U D G M E N T Koshy,J . Appellant petitioner sustained serious injuries in an accident on 2.1.1993 and she approached the Motor accidents Claims Tribunal, Perumbavoor, claiming a compensation of Rs.2,00,000/-. After considering the evidence, tribunal found that accident occurred due to the negligent driving of the autorickshaw by the 5th respondent and the above auto was insured by the 6th respondent Insurance company and 6th respondent was directed to deposit the amount awarded. The amount awarded was only Rs.37,300/-. Only dispute is regarding the quantum of compensation. 2. Appellant was aged 40 at the time of accident. She claimed that she was getting Rs.3,000/- as the monthly income. Tribunal fixed only Rs.1,000/- as the notional income as no MFA.1365/99 2 evidence regarding income was given. The Apex Court in Latha Wadhwa and others v. State of Bihar and others ((2001) 8 SCC 197) held that services of a house wife also cannot be discarded while computing the notional income. In the facts and circumstances of the case, we fix Rs.1,800/- as the monthly income. Petitioner has sustained the following injuries as proved by Ext.A6 wound certificate and Ext.A8 discharge summary: “Crush injury of the tip of (R) middle finger and ring finger, loss of nails 1 x 0.5 lacerated wound of (R) little finger, compound fracture of (R) hand palm, cerebral concussion, crushing injury of hip bone, dislocation of knee cap, compound fracture of terminal phalange of right ring finger.” She was treated in the Medical Trust Hospital for a period of five days as inpatient and again she was admitted and treated as inpatient for nine days. Documents shows that she was admitted in the department of plastic surgery. Wound debridment and suturing were done on fingers, K.wire was removed and physiotherapy was conducted and again there was necessity for re-reduction and K.wire fixation. Tribunal noticed that for five MFA.1365/99 3 months she was under treatment and granted five months income as loss of actual earnings and Rs.5,000/- was allowed on that count. Since we have increased the income from Rs.1,000/- to Rs.1,800/-, she is entitled to Rs.4,000/- more on that ground. She claimed Rs.20,000/- towards medical expenses. But tribunal only allowed Rs.3,600/- on that ground. The fact that three operations and K.wire fixation was done and she was treated as inpatient for several days. Plastic surgery was also done. Taking all these aspects and considering the bills produced for treatment and other incidental expenses, we are of the opinion that another Rs.4,000/- can be awarded for medical expenses. Tribunal noticed that there was disfiguration of right hand. Tribunal observed as follows: “While the petitioner as PW1 was in the box, I could see the deformity and disfiguration on her right hand. In Ext.A7 disability certificate the doctor who issued the same has noted the same.” She has claimed Rs.50,000/- towards disfiguration, but only Rs.5,000/- was awarded. We award Rs.5,000/- more on that ground. Petitioner has claimed Rs.95,000/- towards permanent MFA.1365/99 4 disability and Rs.25,000/- towards loss of earning power. Ext.A7 disability certificate issued by Medical Trust Hospital was relied on. Doctor assessed 42% disability. Assessment of the Doctor was as follows: “Cylindrical grasp 6%, spherical grasp 6%, grip strength 20% and deformity and cosmetic appearance 10%.” That was not accepted by the tribunal, but awarded Rs.10,000/- towards loss of earning power, permanent disability, and other consequences due to disability. The medical certificate was not accepted only because doctor was not examined. We note that out of 42% assessed by the Doctor, 10% was assessed for deformity and cosmetic appearance. We have already granted separate compensation for disfigurement. Out of the balance 32% was assessed for cylindrical grasp, spherical grasp and grip strength etc. We are of the opinion that only 10% can be granted for whole bodied disability. Claimant was aged 40 years at the time of accident. Taking guidelines from the 2nd Schedule, apt multiplier is 15, and if that be so, compensation payable will be Rs.1,800/- x 10/100 x 15 x 12 = Rs.32,400/- and MFA.1365/99 5 after deducting Rs.10,000/- already granted, balance will be Rs.22,400/-. So the additional compensation payable will be Rs.35,400/-. The above additional compensation of Rs.35,400/- should be deposited by the 6th respondent Insurance company with 7% interest from the date of application till its deposit over and above the decreed amount by the tribunal and on deposit of the above amount, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp MFA.1365/99 6 J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.No.1365 OF 1999 (D) ------------------------------------- J U D G M E N T Dated the 26th day of May, 2008