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. 1410 of 2001() ---------------------- OPMV.4375/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, BADAGARA .................... APPELLANT: PETITIONER: ----------------------------------------- M.VIJAYAN, S/O.THEYYAN, 45 YEARS, MUDINHARATHIL HOUSE, P.O.PARUTHIPRA, SHORNUR, PALAKKAD DISTRICT. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS: ------------------------- 1. KANARANKANDI K.K.RAGHAVAN, 41 YEARS, S/O.SANKARAN, CHARODE AMSOM, ERAPPURAM DESOM, VATAKARA TALUK, KOZHIKIDE DISTRICT. 2. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO.LTD., VATAKARA, KOZHIKODE. 3. K.K.LEELA AMMA, 40 YEARS, W/O.KUNHIKANNAN NAIR, 4. ANIL, 25 YEARS, S/O.KUNHIKANNAN NAIR, KUMMINIYODU HOUSE, P.O.PERAMBRA, KOYILANDY TALUK. 5. NALINI, 25 YEARS, D/O.KUNHIKANNAN NAIR, KUMMINIYADU HOUSE, P.O.PERAMBRA, KOYILANDY TALUK. R2 BY ADV. SRI.VPK.PANICKER 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.1410 OF 2001 ------------------------------------- Dated 13th February, 2008 JUDGMENT Koshy,J . Appellant/claimant met with an accident by which he sustained serious injuries. He applied for compensation amounting to Rs.5,00,000/=. Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company (second respondent in this appeal), but, awarded only Rs.23,600/= with interest. Only quantum of compensation is disputed in this appeal. 2. The accident occurred on 27.2.1992. Ext.A3 wound certificate shows that there was bleeding from the right ear and injury to the left pinna. Ext.A4 Index Card shows bleeding from right ear and bifrontal contusion. Ext.A6 is the Referral O.P.Card. He has stated to purchase Ayurvedic medicines. Ext.A8 C.T.Scan report shows that there were bifrontal contusions and there were ill-defined areas of contusion in both basi-frontal lobes. There was no haemorrhage. He also produced certain medical certificates regarding the treatment he had undergone in the year 2000. Tribunal found that he was not able to prove that those injuries or the sickness was due to any of the injuries suffered in the MFA.1410/2001 2 accident. There was no medical evidence to that effect. Appellant was employed as a driver in Gulf. The accident occurred when he was on leave. It is the contention of the appellant that as a result of the accident he was not able to go back within the time stipulated in the visa and visa was cancelled. But, he went back at the end of the year 1992 and was working there till 1994. No disability certificate was produced assessing the percentage of disability. Tribunal did not award any compensation for disability and loss of earning power, but, Rs.3,000/= was awarded for loss of actual earning. It is an admitted fact that for eight days he was treated as inpatient and he was unable to do any work for three months. He was also unable to go back to his place of work immediately. According to him, he was getting Rs.20,000/= as monthly income. Only an agreement was produced to show the same. Hence, we fix monthly income at Rs.3,500/=. The income he was allegedly getting from Gulf was not proved. In the above circumstances, we are of the opinion that for the loss of actual earnings during the period of treatment for three months he is entitled to Rs.10,500/=, that means he is entitled to another Rs.7,500/= for loss of actual earnings. There was bleeding profusely from his ear and there was head injury with its own after effects. No amount was awarded for loss of amenities and consequences of disability. We award Rs.5,000/= for the disability, MFA.1410/2001 3 loss of amenities etc. We are of the opinion that no enhancement is needed under other heads. Thus, the appellant is entitled to an additional compensation of Rs.12,500/=. The above amount should be deposited by the third respondent insurance company (second respondent in this appeal) 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, appellant is allowed to withdraw the same. The appeal is allowed in part. J.B.KOSHY JUDGE K.HEMA JUDGE tks