IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 MFA.No. 691 of 2001(B) -------------------------------- OPMV.3196/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT: PETITIONER ----------------- JINTO ANTONY, S/O. ANTONY, PLACKAL HOUSE, KURUMASSERY P.O., (BEING MINOR REP.BY HIS FATHER NATURAL GUARDIAN AS NEXT- FRIEND ANTONY (D.O.B.30.4.77.0 BY ADV. SRI.JOSE THETTAYIL RESPONDENTS: RESPONDENTS ----------------------- 1. THE EXECUTIVE DIRECTOR, PROVIDENCE HOME CHUNANGAMVELY, ALUVA 5. 2. P.P.VARGHESE, S/O. PAPPU, PLAKKAL HOUSE, CHUNANGAMVELY, ALUVA 5. 3. THE ORIENTAL INSURANCE CO., LTD., EDAPPILLY, COCHIN 24. BY ADV. SRI.MATHEWS JACOB(SR) THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.F.A.NO.691 OF 2001 ---------------------------------------------------- Dated this the 18th day of June, 2008. JUDGMENT Koshy, J: The appellant/claimant, who was studying technical course after completing Pre-degree course, sustained injuries in a motor accident on 25.6.1994. Against a claim of Rs.4,09,000/=, the Tribunal awarded only Rs.1,49,300/= and directed the 3rd respondent insurance company to deposit the same. The only dispute is regarding the quantum of compensation. The claimant was aged 17 years at the time of the accident. Taking 2nd schedule for guidance, 16 is the apt multiplier. The doctor certified that there is 40% disability. The claimant had sustained the following injuries: 1. Loss of vision optical injury. 2. Scalp injury ® occipital region. 3. Injury to the nose. 4. Fracture lateral orbital wall 5. Abrasion ® eyebrow. PW2, the doctor who gave the disability certificate also deposed that there is likelihood of loss of vision in the other eye. MFA.691/2001 . 2 The Tribunal accepted the medical certificate and granted compensation for 40% disability. The Tribunal fixed Rs.1,500/= as his notional income. He was a student in Polytechnic. The incident occurred in 1994. He passed his diploma subsequently. We see no ground to interfere with the same. For one year he has to discontinue his studies. We award Rs.3,000/= as compensation for discontinuation of his studies. For treatment, the claimant was admitted as inpatient in a hospital for 13 days. The Tribunal has awarded only Rs.5,800/= towards reimbursement of medical expenses. There would be many incidental expenses during 13 days of in patient treatment in the hospital which are not covered by the medical bills. Considering the nature of the treatment and injury, he had continue with the treatment for a long time. In the above circumstances, we are of the view that Rs. 7,500/= ought to have been awarded for medical and other incidental expenses. We are of the opinion that reasonable compensation has been granted under other heads. The additional amount of Rs. 2,700/= should be deposited by the 3rd respondent insurance company with 7.5% interest from the date of the application till the date of deposit over and above the decreed amount by the tribunal. On deposit of the said amount, the appellant is allowed MFA.691/2001 . 3 to withdraw the same. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl MFA.691/2001 . 4 J.B. KOSHY & P.N. RAVINDRAN, JJ. M.F.A.NO.691 OF 2001 JUDGMENT 18th day of June, 2008.