IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 MACA.No. 616 of 2003() ---------------------- OPMV.164/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT:PETITIONER: ---------------------------------------- ANTONY @ BABY, S/O. ANTONY, AGED 43 YEARS, RESIDING AT MANGALATH HOUSE, P.O.KELAKOM, CHENGON-670 674. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. M.V.JOSEPH S/O. VARKEY, MANTHIYIL HOUSE, P.O.KELAM-670674, KANNUR DISTRICT. 2. ELDO.N.P. S/O. PAULOSE N.K., NELLIKKAKUDIL HOUSE, P.O.KELAKAM-670674 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, P.B.NO.97, JUBILEE SHOPPING COMPLEX, HOSPITAL ROAD, THALASSERY. 4. M.LAKSHMAIAH, S/O. SUBBARAYUDU, DAMMAIPALAM (VILLAGE) MUTHUKUL MANDAL, NELLOORE DISTRICT. 5. M.RAMAYYA, AGED 23 YEARS, S/O. SUBBARAYUDU, DHAMAPALAYAM, ARUNAPURAM STREET, NELLORE DISTRICT, ANDRAPRADESH. 6. UNITED INDIA INSURANCE CO. LTD., BRANCH NO. II, 18/2968, ANURAGH COMPLEX, JAWAHARLAL ROAD, NELLORE-524003 BY ADV. SRI.P.JAYASANKAR - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.A.C.A. No. 616 of 2003 --------------------------------------- Dated this the 12th day of June, 2008 Judgment Koshy,J. Appellant/Claimant sustained injuries in a motor accident on 19.8.1997. He applied for compensation claiming an amount of Rs.Three lakhs. The tribunal has allowed only Rs.51,450/-. Only quantum of compensation is disputed in this appeal. According to the appellant, he was a foreman in a saw mill and was getting Rs.4,000/- per month. Ext.A10 salary certificate was produced which shows that he was getting Rs.4,500/- per month. The tribunal correctly found that the above salary certificate was not proved. However, he was aged 38 years at the time of accident. He was maintaining a family. We are of the opinion that at least Rs.2,500/- can be fixed as the monthly income. As a result of the accident, his two legs were fractured. Ext.A3 wound certificate shows that he had fracture of left fibula and condyle of right knee. Ext.A4 discharge summary shows that he was treated as an inpatient for 23 days in different hospitals and he had fracture of right patella and tibia. He was reported for review on nine M.A.C.A.No.616/2003 2 occasions and thereafter there was follow-up treatment on three occasions. Ext.A6 disability certificate shows that he had 5% disability. Ext.A5 medical certificate shows that he had terminal flexion and extension of the left knee and there is 5% disability. Doctor also stated that there was mal-union of lateral condyle. Since doctor was not examined, no compensation was granted by the tribunal for disability and for loss of earning capacity. We are of the opinion that the tribunal went wrong in not accepting the above considering the long treatment and nature of injuries. If that be so, compensation payable for 5% disability will be Rs.2500 x 12 x 5 x 100 16 = Rs.24,000/-. The tribunal has found that he was unable to go for work for six months and granted six months' wages for loss of earning during the period of treatment. Since we have increased monthly income to Rs.2,500/-, he is entitled to another Rs.7,500/-. Thus, he will be entitled an additional amount of Rs.31,500/-. Even though it is contended that compensation awarded under other heads are very meagre, considering the total compensation awarded, we are not enhancing the same. The additional amount of Rs.31,500/- should be deposited by the third respondent insurance M.A.C.A.No.616/2003 3 company with 7.5% interest from the date of application till its deposit over and above the amount decreed by the tribunal. Appeal is allowed partly. J.B.Koshy Judge P.N.Ravindran Judge vaa M.A.C.A.No.616/2003 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.C..A. No.616 of 2003 ------------------------------------- Judgment Dated:12th June, 2008