IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 M.A.C.A.No. 740 of 2005() ------------------------------------ OP(MV) NO.221/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/CLAIMANT: --------------------------------- SIMON, S/O.RAPPAI, MALIYEKKAL KATTADI HOUSE, NEAR KERALA LAKSHMI MILLS, PULLAZHI VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENTS/RESPONDENTS: ------------------------------------- 1. T.V.ANTO, S/O.VARGHESE THOTTAPPILLY, PULLOOR, THRISSUR DISTRICT. 2. SHANISH, S/O.RAMADEVAN, KOZHIPARAMBIL HOUSE, MANALOOR VILLAGE, PONALUR DESOM, ANTHIKKAD THRISSUR DISTRICT. 3. M/S.NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE,KOLLANNUR BUILDING, ROUND EAST, THRISUR. ADV. SRI.MATHEWS JACOB (SR.)- R3 SRI.P.JACOB MATHEW - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 7/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------------------------------- M.A. C.A No. 740 of 2005 ----------------------------------- Dated this the 7th day of November, 2008 J U D G M E N T J.B.KOSHY,J . Appellant/claimant sustained injuries in a motor accident due to the negligence of the driver of the bus, owned by 1st respondent and insured by the 3rd respondent. Insurance Company got permission to contest the case on all points. Total amount awarded by the tribunal is only Rs.1,64,600/- inclusive of medical expenses. Medical expenses covered by bills itself was Rs.85,000/-. As a result of the accident he had suffered serious head injuries, loss of teeth, fracture teeth, other teeth mobile, fracture manbile, fracture of skull. He was treated as an inpatient for about 23 days immediately after the accident. Thereafter also he continued his treatment. He was treated in General Hospital, West Fort Hospital, Hi-Tech Dental Clinic, Aravind Eye hospital etc. for various illness. Exhibit A12 is the certificate issued by the doctor of West Fort Hospital reporting 10% permanent disability, owing to difficulty in chewing and facial deformity. It is also stated that there is M.A.C.A No. 740 / 2005 2 double vision and loss of smell and taste and that he cannot eat any hot or cold food and that there are other physical difficulties also. For five months he was on continuous leave. It is stated due to physical difficulties, he cannot work elsewhere. But there is no evidence for the same. He joined back to duty is clear from his salary certificate produced by him. Therefore, compensation cannot be granted on multiplier method as his employment was not lost. Considering the nature of injuries and complications, tribunal awarded Rs.24,000/-as compensation for permanent disability and loss of earning power. We are enhancing Rs.6,000/- more on that ground considering the nature of injuries, the effect of permanent disability will continue till his death and it will affect getting any employment after retirement. The tribunal has awarded Rs.33,600/- for loss of earning for five months. His salary certificate shows that his monthly income was Rs.5,599.90 during August, 2000. The accident occurred on 19/10/1999, the tribunal took Rs.5,000/- as his monthly income. We see no ground to change the same. Considering the long treatment for injuries to the head, teeth etc. we are of the opinion that Rs.3,000/- more should be awarded for pain M.A.C.A No. 740 / 2005 3 and suffering. So total additional compensation payable will be Rs.9,000/-. The additional amount of Rs. 9,000/- should be deposited by the 3rd respondent Insurance Company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the above amount, appellant is allowed to withdraw the same. Therefore, appeal is partly allowed. J.B.KOSHY,JUDGE THOMAS P. JOSEPH, JUDGE scm