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 4TH JUNE 2008 / 14TH JYAISHTA 1930 MACA.No. 406 of 2004() -------------------------------- OPMV.1297/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) ------------------ FRANCIS @ PAUL, S/O. ANTHONY, MANAVALAN HOUSE, CHERUVALOOR P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV) ------------------------- 1. ITTOOP A.K. S/O. KORATH, AREEKKAL HOUSE, AZHAKAM P.O., MOOKKANNOOR. 2. VARKEY MATHEW @ MATHEW, KAREDATH HOUSE, AZHAKAMKARAYIL P.O., MOOKKANNOOR. 3. MANAGER, NEW INDIA ASSURANCE CO., ANGAMALY. BY ADV. SRI.M.JACOB MURICKAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.A.C.A.No.406 of 2004 ===================== Dated this the 4th day of June, 2008. JUDGMENT Koshy,J. The appellant - claimant sustained injuries in a motor accident due to the negligence of the driver of the vehicle insured by the third respondent - Insurance Company. Against a claim of compensation of Rs. 5 lakhs, the compensation awarded was only Rs.86,300/- including medical expenses. 2. The only dispute is regarding the quantum of compensation. The Tribunal considered the injuries in paragraph 14 of the award. After considering the evidence, the Tribunal observed as follows: "Ext.A5 wound certificate and Ext.A6 discharge summary proved that the petitioner sustained the following injuries:- 1. Compound fracture right femur (Segmental fracture). 2. Fracture lateral end of left clavicle. Ext.A5 wound certificate was issued from Little Flower Hospital, Angamaly. Ext.A6 discharge summary was issued from Lissie Hospital, MACA 406/04 -: 2 :- Ernakulam. The treatment done includes wound debridment and closed interlocking nailing. He had an inpatient treatment in the Lissie Hospital from 26.7.98 to 15.9.98. The inpatient treatment initially in the Lissie Hospital was for a prolonged period of 51 days. Ext.A7 is the medical certificate from the Lissie Hospital certifying that he was treated by surgery and was advised to take rest. On 28.6.2003 the petitioner was examined by another orthopedic surgeon attached to the Government Hospital, Chalakkudy for assessing his disability. He was assessed to have a permanent disability of 15%. At the time of examination of the patient in June, 2003 the doctor found various deformities. This patient has limping with 1 c.m shortening of right lower limb. There was limitation of flexion of right knee for the last 300 and extension of 50 due to partial angulation of right knee. There was tenderness on the fracture site. Functionally this person has difficulty to squat, to site, cross leged, to walk long, to run or to jump to lift or carry heavy weight to climb up and down and to stand for long time, to throw or bold with left hand. On the above deformities this person was assessed to have a disability of 15%. The doctor who assessed the disability was examined as PW2." Even though the medical certificate was proved, the Tribunal MACA 406/04 -: 3 :- granted compensation only for 5% disability. If the Tribunal disagreed with the Doctor, who was examined to prove the medical certificate, we would have referred the matter to the Medical Board. However, considering the medical certificate produced, we are of the opinion that compensation ought to have been granted for 15% disability. 3. The accident occurred in 1998. According to the claimant, he was an electrician and his monthly income was Rs.3,000/-. He was maintaining a family with his income. The Tribunal fixed only Rs.1,500/- as monthly income. Being an electrician, he will earn at least Rs.100/- per day and he may get a minimum of Rs.2,500/- per month. Therefore, at least Rs.2,500/- ought to have been taken as monthly income. He was aged 34. The Tribunal has fixed 17 as the multiplier. Considering the Second Schedule for guidance we accept the same. If that be so, the compensation payable for disability and loss of earning power will be Rs.76,500/- (2500x12x15/100x17). The Tribunal awarded only an amount of Rs.15,300/-. Therefore the claimant will be entitled to an additional amount of Rs.61,200/- in that respect. Considering the fact that he was under treatment for one year, the Tribunal awarded Rs.18,000/- for loss of actual earning. Since we have increased the monthly income from 1,500/- to Rs.2,500/-, he is entitled to additional amount of Rs.12,000/- under that head. Even though it is contended that the compensation granted for medical expenses, pain and suffering, loss of amenities, etc. is meagre, considering the total amount of MACA 406/04 -: 4 :- compensation awarded, no enhancement is granted under other heads. Thus the claimant is entitled to a total amount of Rs.73,200 over and above the amount decreed 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 above amount, the appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 5/6