IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 MFA.No. 484 of 2002() ------------------------------ OPMV.694/1997 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT: PETITIONER --------------------- SABU MUHAMMED P.M., AGED 29 YEARS, S/O.SRI.P.A.MOHAMMED KOYA, CHOOLAPARAMBIL HOUSE, (PALLIPARAMBU), NEAR CARMEL HOSPITAL, CANAL SIDE, ALWAYE. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. RESPONDENTS: RESPONDENTS ---------------------- 1. JASEENTHA ROBERT, 14/863 B, SUJATHA ROAD, PANDIKUDY, COCHIN-2. 2. JENSON, S/O.SEBASTIAN, ARANATTUKARA VEETTIL, CHIRAKKAL BHAGAM, PALLURUTHY, COCHIN-6. 3. THE ORIENTAL INSURANCE CO., MATTANCHERRY, COCHIN-2. BY ADV. SRI.MATHEWS JACOB THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.F.A. No.484 of 2002 --------------------------------------- Dated this the 6th day of February, 2008 Judgment Koshy,J. Appellant at the age of 24 met with an accident. As a result of the accident, he sustained the following injuries as can be seen from Ext.A6 wound certificate: "(1) Fracture of nasal bone with deformity; (2) Blunt injury abdomen left side - ultrasound scan showed intransplenic haematoma; (3) Open fracture of left femur; (4) Fracture of distal end of left radius; (5) Abrasion on right leg; and (6) Fracture of both bones of right leg. Ext.A7 treatment certificate shows that nasal bone fracture was reduced. Wound debridement, suturing, skeletal traction and POP slab application were done. Ender's nailing of right tibia, K nailing and bone grafting of right femur were done. He was admitted on 15.12.1996 and was discharged on 15.1.1997. POP cast was removed on 15.2.1997. He was re-admitted on 15.2.1997 for M.F.A.No. 484/2002 2 physiotherapy treatment and was discharged on 20.2.1997. Subsequently, he came with mild infection on the right thigh and there was oozing wound at the fracture site. He was again re- admitted on 14.4.1998 and the implant was removed and was discharged on 23.4.1998. Ext.A8, certificate of disability dated 20.10.1998 issued by the Orthopaedic Surgeon of Ernakulam Medical Centre shows that the applicant has now shortening of left lower limb by one inch and has a permanent disability of 15%. Even though it was stated that he was a firewood merchant and was getting Rs.1,800/- per month, the tribunal has fixed Rs.1,500/- as the monthly income. We see no ground to interfere in the above. In view of the shortening of the leg and taking into account the medical certificate, the tribunal accepted 15% disability. The tribunal did not award compensation on a multiplier method, but, awarded Rs.25,000/- as a lump sum for disability and consequent loss of earning power. If Rs.1,500/- is taken as the monthly income, compensation payable will be Rs.1500 x 12 x 15 x 17 = 100 Rs. 45,900/-. The tribunal has awarded Rs.25,000/-. So, additional compensation payable will be Rs.20,900/-. It is contended that he has produced medical bills for Rs.62,283.24 and Rs.63,000/- was M.F.A.No. 484/2002 3 awarded for medical expenses. It is also contended that in view of the nature of injuries and inpatient treatment, there will be many expenses which are not covered by the bills. For loss of amenities and enjoyment in life, Rs.10,000/- was awarded. Considering the totality of the amount awarded, we are of the opinion that no enhancement is needed on other heads. Hence, the additional compensation of Rs.20,900/- shall 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. J.B.Koshy Judge K. Hema Judge vaa M.F.A.No. 484/2002 4 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No. 484 of 2002 ------------------------------------- Judgment Dated:6th February, 2008