IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 MACA.No. 347 of 2003() ---------------------- OPMV.571/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER IN THE O.P(MV)NO,.571/2000: ---------------------------------------------------------------------------------- MOHAMMED HANEEFA, S/O. ABOOBACKER, KULAMBURATH PADINJARETHIL, KAPPUR AMSOM AND DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: RESPONDENTS IN O.P.(MV) NO.571/2000: --------------------------------------------------------------------------------------- 1. K.M.HAMZA, S/O. MUHAMMED, KOKKATH HOUSE, THALI (POST), PATTAMBI, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. C.P.MOIDUNNI, S/O. KUTTY ALI, CHEERAMPARAMBIL HOUSE, KAPPUR POST, KUMARANELLUR, PALAKKAD DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, SHOBA T.S.M. COMPLEX, R.S. ROAD, PALAKKAD. 4. MARIYAKUTTY C.P., W/O. LATE MOIDUNNI, CHEERAMPARAMBIL HOUSE, KAPPUR POST, KUMARANELLUR, OTTAPALAM TALUK, PALAKKAD DISTRICT. 5. KHADEEJA, D/O. LATE MOIDUNNI -DO- -DO-. 6. ATHIKA, D/O. LATE MOIDUNNI, -DO- -DO-. 7. MUSTHAFA C.P., S/O. LATE MOIDUNNI -DO- -DO-. BY ADV. DR.ELIZABETH VARKEY - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No. 347 of 2003 - B --------------------------------------------- Dated this the 31st day of July, 2008 J U D G M E N T Koshy,J: The appellant at the age of 19 sustained very serious injuries in an accident on 28.3.2000. He claimed compensation for Rs.3 lakhs. The Tribunal awarded only Rs.1 lakh with interest at 9% per annum from the date of application till deposit. The appeal is filed questioning the quantum of compensation awarded by the Tribunal. Ext.A3 is the wound certificate. Ext.A6 series are the discharge summary cards issued from the West Fort Hospital, Thrissur where he was treated. It shows that he was in the hospital for two weeks as an inpatient. He was later admitted on 9.7.2002 and discharged on 16.7.2002. Again he was admitted on 29.7.2002 and discharged on 3.8.2002. In the final diagnosis, the injuries are noted type III with open fracture BB(R) forearm with radial artery injury. Ext.fixator for ® radius, nailing ® ulna and tendon repair were also done. The disability certificate shows that he has 15% disability. The disability certificate MACA NO.347 OF 2003 :-2-: shows the non-union of the ® forearm bone (radius), stiffness of the ® elbow and wrist and scaring of ® forearm. The Doctor certified 15% disability. The Tribunal has taken only 5% disability. It is the contention of the petitioner that at the young age, he lost ability of his right hand and he is unable to write properly and do anything with the right hand. 2. We are of the view that the Tribunal has at least accepted 10% disability. The Tribunal has taken Rs.2000/- as monthly income. According to the petitioner, he was a cleaner in a school bus and he was having an income of Rs.3000/-. We are of the opinion that Rs.2000/- fixed by the Tribunal needs no enhancement. Considering his age, the Tribunal accepted 16 as multiplier as per second schedule for guidance. We see no ground to change the same. He is entitled to Rs.19,000/- more, over and above the compensation awarded by the Tribunal for permanent disability and loss of earning power. Even though it was argued that the amount awarded for loss of amenities, MACA NO.347 OF 2003 :-3-: pain and suffering, loss of actual earning etc. are very low, considering the total amount, we are not interfering with the compensation under other heads. An additional amount of Rs.19,000/- shall be deposited by the third respondent- insurance company with 7% interest from the date of application till the date of realisation over and above the decreed amount awarded by the Tribunal. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is allowed as above. J.B.KOSHY, Judge V.K.MOHANAN, Judge MBS/ MACA NO.347 OF 2003 :-4-: J.B.KOSHY & V.K.MOHANAN, JJ. -------------------------------------------- MACA.NO.347 OF 2003 -------------------------------------------- J U D G M E N T DATED: 31-7-2008 MACA NO.347 OF 2003 :-5-: