IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 MACA.No. 177 of 2003() ---------------------- OPMV.1175/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): -------------------------------------------------------- BABY GEORGE S/O. JOSEPH, MAVELI HOUSE, RAILWAY STATION ROAD, IRINJALAKUDA. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV): ----------------------------------------------------------------- 1. JOSE, POZHOLIPARAMBIL HOUSE, THAZHEKKAD ROAD, P.O. KALLETTUMKARA, THRISSUR DISTRICT. 2. THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, IRINJALAKUDA. R1 BY ADV. SRI.K.I.TOGI R2 BY ADV. SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & K.Hema, JJ. -------------------------------------- M.A.C.A. No.177 of 2003 --------------------------------------- Dated this the 20th day of February, 2008 Judgment Koshy,J. Appellant, at the age of 54, sustained injuries in a motor accident due to the negligence of the driver of the vehicle insured by the second respondent insurance company. However, against a claim of compensation of Rs.Two lakhs, amount awarded was only Rs.33,000/-. Only quantum of compensation is disputed in this appeal. As a result of the accident, there was fracture of lateral condylar left tibia. Ext.A8 discharge summary shows the following injuries: "1. Fracture lateral condylar left tibia; 2. Abrasions on the left thigh; 3. Tenderness and contusions to the chin." Ext.A9 disability certificate shows that he suffered 16% permanent disability. It shows the following disabilities: "1. Waisting of left guadricepes muscles with extension lag of left knee. 2. Mild swelling of left ankle. M.A.C.A.No. 177/2003 2 3. Partial ankylosis of left knee, motion limited to an area from 180O to 110O flexion. 4. Partial ankylosis of left ankle, flexion and extension motion limited to an area from 90O angle to 125O planter flexion." The salary certificate shows that he was earning Rs.6,764/- per month. Leave wages were seen calculated by the tribunal which amounts to Rs.16,379/-. As a result of the accident, his salary was not reduced, but, he was to retire at the age of 55, that is, immediately after one year of the accident. His prospects for getting another employment were ruined because of the accident. It is contended that, normally, an experienced government officer, after the age of retirement, will get a well paid job. The tribunal also found that considering the difficulties caused, there will be loss of earning power and Tribunal fixed Rs.7,200/- towards loss of earning power taking a multiplier of 8. We are of the view that the disability occurred to him has to be suffered by him till the end of his life. After retirement, he may get a good job. Even if 8 is taken as the multiplier, as adopted by the tribunal, and Rs.3,000/- is the multiplicand (monthly income) taking 5% disability, compensation payable will be Rs.14,400/-. Tribunal has awarded only Rs.7,200/- under this head. So, he is entitled to Rs.7,200/- more for continuing M.A.C.A.No. 177/2003 3 disability and for loss of earning power. Only Rs.3,000/- was awarded for pain and suffering. He sustained serious fracture at the age of 54. Followed by inpatient treatment, POP cast etc. were done and we are of the opinion that at least Rs.7,000/- ought to have been given for pain and suffering. Hence, additional amount payable under this head will be Rs.4,000/-. He produced medical bills for an amount of Rs.3,115/-. There will be many expenses will be not be covered by medical bills as he was admitted in the hospital. So, for incidental treatment and expenses, we award Rs.1,300/- more. Thus, he will be entitled to an additional amount of Rs.12,500/- over and above the amount decreed by the tribunal. The above amount of Rs.12,500/- should be deposited by the second respondent insurance company with 7.5% interest from the date of application till its deposit. On deposit of the amount, appellant is entitled to withdraw the same. J.B.Koshy Judge K. Hema Judge vaa M.A.C.A.No. 177/2003 4 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.A.C.A. No.177 of 2003 ------------------------------------- Judgment Dated:20th February, 2008