IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 MFA.No. 786 of 2001() ------------------------------- OP(MV).1040/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT:APPLICANT ------------------ REHNA @ REHUNA, W/O. LATE ASHARAF, RESIDING AT VALIYAVILA, PALAMKONAM, PERUMKULAM P.O., ATTINGAL, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.M.CHANDRAN RESPONDENTS: RESPONDENTS ----------------------- 1. V.RAJENDRAN, S/O. VENKITACHALAM, 4 NO. 3/86, THANCHAVOOR ROAD, KEEZHAPALAVOOR P.O., ARIYELLOOR TALUK, PERAMBALLOOR DISTRICT, TAMIL NADU. 2. P.AALAMUTHU, S/O. PAZHANI MUTHU, 40 VADAKKU VEEDHI, VEERAKANNAR (VIA), KALARAPADINNA P.O., AALATHOOR TALUK, SELAM DISTRICT. 3. THE UNITED INTIA INSURANCE CO. LTD., REP.BY ITS BRANCH MANAGER, BRANCH OFFICE, PERAMBALLOOR TAMIL NADU. R3 BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/ 01/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.786 of 2001 ----------------------------------------- Dated this the 8th day of January, 2008 JUDGMENT Koshy, J. Appellant-applicant suffered serious injuries in a motor accident due to the rash and negligent driving of the vehicle insured by the third respondent Insurance Company. The claimant filed application claiming compensation for an amount of Rs.5,95,900/-, limited to Rs.2,00,000/-. The Tribunal awarded Rs.40,250/- as compensation. Only the quantum of compensation is disputed in the appeal. 2. Exhibit A21 wound certificate issued from the District Hospital, Palakkad shows that she had lacerated wound on the chin, transverse wound Rt Pinna including cartileges, contuced abrasion on the left side of fore head and lacerated wound on the left side of fore head Rt ankle left malleolus and multiple soft tissue injuries, and so she was referred to Medical College Hospital. Exhibit A22 is the wound certificate issued from the Holy Cross hospital on 20.4.97 showing the injuries stated above. Exhibit A23 series are the prescriptions issued from Aswini Hospital, Trissur. Exhibit A24 series MFA.786/01 2 are the prescriptions, lab reports etc. obtained from the Cosmopolitan Hospital, Trivandrum. She was treated thereafter in the Aswini Hospital, Thrissur. Exhibit A25 is the medical certificate issued by an ENT specialist of General Hospital, Trivandrum stating that she was under his treatment for recurrent disease of the right ear due to scarring of external autidoty earnal consequent on trauma from a road traffic accident and she has conductive hearing loss and the permanent partial disability is 25%. The Tribunal did not grant any compensation for disability and loss of earning capacity, even though Rs.15,000/- was awarded for loss of amenities in future life due to hearing impairments. The permanent partial disability assessed as per medical certificate is 25%. The claimant was 22 years at the time of accident. Taking second schedule as the guideline, 17 is the proper multiplier. According to the claimant, she was getting Rs.7,500/- per mensem. The business was run jointly by herself and her husband. Evidence show that she had both KGST and CST registration for the business. Considering the nature of business and the age of the applicant, the Tribunal fixed Rs.2,000/- as the monthly income. We are not changing the above amount. As a result of the accident, she has hearing loss which is permanent. She was treated in various hospitals and she has to worn a hearing aid. But, MFA.786/01 3 considering the hearing loss on the one side, we are of opinion that compensation need be granted only for 10% disability. If there is 10% disability, compensation payable will be: 2000 x 12 x 10 x 17 = 40,800 100 The Tribunal has granted Rs.15,000/- for loss of amenities due to hearing impairment. Deducting that amount, balance payable will be Rs.25,800/-. The Tribunal has granted just and reasonable compensation on other heads and we are of opinion that no enhancement is required on other heads. The additional amount of Rs.25,800/- should be deposited by the third respondent Insurance Company with 7.5% interest form the date of application till the date of deposit, over and above the amount decreed by the Tribunal. The appeal is allowed, partly. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.786/01 4 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No.786 of 2001 ------------------------------ JUDGMENT 8.1.2008