IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 MFA.No. 3 of 2003(A) -------------------- OPMV.2297/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT: PETITIONER; ---------------------- PHILIP C. GEORGE, SON OF C.P. GEORGE, H.NO.28/1635, PANDARACHIRA ROAD, KADAVANTHRA SOUTH, COCHIN-20. BY ADV. SRI.ANIL S.RAJ RESPONDENTS: RESPONDENTS: ------------------------- 1. SUBHADRA. S. NAIR, WIFE OF K. SUDHAKARAN NAIR, SHREYAS, ERAVANKARA, KUNNAM P.O., MAVELIKKARA. 2. BABURAJ, SON OF LEKSHMANAN NAIR, VIJAYA MANDIRAM, PULINKETTATHARA KARA, KOLLANKODU II VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT. 3. THE UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, KOCHI-16. BY ADV. SRI.C.V.BIMAL ROY FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.No. 3 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of Marh, 2008 JUDGMENT Koshy, J. Appellant at the age of 51 sustained serious injuries in an accident on 28-3-1996. He approached the Tribunal for a compensation of Rs.2,02,750/-. The Tribunal though found that the accident was caused due to the negligence of the driver of the vehicle insured by the 3rd respondent, awarded only Rs.31,750/-. Quantum of compensation is also disputed in this appeal. 2. The appellant was engaged as a Scientist in N.P.O.L., Kakkanad. Ext.A9 certificate shows that his monthly income was Rs.17,000/-. The claimant was examined to prove the above certificate. The Tribunal did not take this into account seriously for no reasons whatsoever. Ext.A4 wound certificate shows that he suffered the following injuries:- “Lacerated wound on the occipital region-sutured Abrasions on ® elbow, ® knee, ® leg Contusions on ® knee and ® foot Commuted fracture – head of ® fibula, fracture of lateral condyle ® tibia; abulsion of femoral head of lateral collateral ligament of the neck of 5th metatarsal bone ®. Fracture of head of 4th metarsal bone ®. Chip fracture base of proximal phalanx ® 2nd toe, fracture base of proximal phalanx 3rd toe. MFA 3/2003 -2- X-ray (L) knee: Fracture lateral condyle, fracture head of fibula, avulsion of lateral collateral ligament.” Ext.A7 is the discharge card, which shows that he was in the hospital as inpatient for seven days. Ext.A9 shows that he was availed 127 days leave. The Tribunal did not award any compensation for loss of earnings during the above period. Even if he had leave to his credit, he could have encash the same or use the same for other purpose. Hence, he is entitled to compensation for the leave period i.e., Rs.17,000 x 4 = 68,000/-. The Tribunal did not award any compensation for loss of earning capacity or disability. It is true that he did not lose his job, but disability will continue till his death. He had fracture of fibula, tibia and fracture of metatarsal bone, etc. In this connection we also note that Ext.A6 disability certificate shows that he had 28% disability. Apart from these, certainly he may get some employment after his retirement, as he is a technical man. For disability and the loss of earning power and consequential difficulties of injuries he is entitled to a compensation of Rs.15,000/-. Even though it is argued that Rs.5,000/- for loss of amenities is inadequate, we are not enhancing the same. He produced actual bills for an amount of Rs.5,482.90. Apart from that, he continued his treatment for more than four months both as inpatient and out patient. There will be many expenses covered by the bills. From the MFA 3/2003 -3- place of accident he was taken to the hospital and for continuing treatment he also travelled. For transportation and treatment expenses, we award Rs.2,000/- more. Thus, he is entitled to an additional amount of Rs.85,000/- over and above the amount awarded by the Tribunal. The above amount should be deposited with 7.5% interest from the date of application till its deposit. The appeal is partly allowed as above. J.B. Koshy, Judge. K. Hema, Judge. mn. MFA 3/2003 -4- J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.3 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 3-3-2008