IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 MACA.No. 355 of 2008() ---------------------- OPMV.1690/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------------- SAIFUNNEESA, W/O. MUNEER, AGED 25 YEARS, POWDIRI VEEDU, SUPER BAZAR, PARAMBILPEEDIKA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN THE OP(MV): --------------------------------------------------------------------------- 1. ABDUL GAFFUR, S/O. BEERAN, DEVAPARAMBIL VEEDU, KUTTIPALA POST, KOTTAKKAL, MALAPPURAM. 2. V.K. UMMER, S/O. MOIDEEN, AGED 30 YEARS, VADAKKAYIL HOUSE, KAKKODI POST, KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO. LTD., ARAFA BUILDING, COURT ROAD, MANJERI, MALAPPURAM. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/10/2008 ALONG WITH M.A.C.A.NO.357 OF 2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J ------------------------------------ M.A.C.A.Nos. 355 OF 2008, 357 OF 2008, 386 OF 2008, 465 OF 2008, 588 OF 2008 & 855 OF 2008 --------------------------------------------------- Dated this the 31st day of October, 2008 JUDGMENT M.A.C.A. 355/2008 This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No. 1690/2002. The claimant had sustained fracture of the tibia and injury on frontal bone and the Tribunal has awarded a compensation of Rs. 12,840/-. Dissatisfied with the same the claimant has come up in appeal. A perusal of the treatment records confirms the fracture of the frontal bone as well as the fracture of the tibia. Ext. C1 Certificate shows 2% disability. The claimant had undertaken a very prolonged treatment in the hospital and had visited hospital on innumerable number of occasions. So taking into consideration that aspect the following enhancements are made. So far as disability is concerned, when 2% is taken which when multiplied with an appropriate multiplier of 17 is applied on the annual income of Rs. 15,000/- per annum it would be come to Rs. 5,100/- that is a M.A.C.A.Nos. 355/2008, 357/2008, 386/2008, 465/2008, 588/2008 & 855 /2008 -2- difference of Rs. 1260/-. The treatment records would show that she had been undergone CT Scan on more than 2-3 occasions and she had also undergone prolonged treatment for the fracture of the tibia. I enhanced the medical expenses by Rs.2,000/-. Even frontal bone fracture was very close to the eye and fortunately she escaped an injury on the eye. Considering this aspect I award an amount of Rs. 5,000/- more towards compensation for pain and suffering. The lady at the age of 20 years had suffered two serious fractures which initiated long treatment including permanent disability and therefore she is entitled to get an additional amount of Rs. 5,000/- more for loss of amenities. Therefore she is entitled to get an additional compensation of Rs. 13,260/-. M.A.C.A.No. 357/2008 This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No. 1686/2002. The claimant, a lady aged 19 years, sustained injuries in a road accident. She had undergone hospitalisation and the Tribunal awarded a compensation of Rs. 11,000/-. It is against that decision the claimant has come up in appeal. M.A.C.A.Nos. 355/2008, 357/2008, 386/2008, 465/2008, 588/2008 & 855 /2008 -3- 2. Heard counsel for both sides. The learned counsel for the appellant had made available before me for perusal the treatment records. It can be seen that this lady was treated in the Government Hospital, Thirurangadi. Originally she had admitted on 19.4.2002 and discharged on 1.5.2002. Thereafter she was again admitted on 12.6.2002 and discharged on 8.7.2002. Again she was admitted on 4.9.2002 and discharged on 7.9.2002. Further she got admitted on 20.10.2002 and discharged on the next day. Ultimately the implantation was removed for which purpose she was admitted on 1.5.2004 and discharged on 11.5.2004. This shows the series of hospitalisation undergone by this lady on account of the fracture sustained. When compared to the injuries, the compensation awarded appears to be extremely low and therefore I enhance the compensation as below: Towards pain and suffering I award an additional amount of Rs. 5,000/-, towards loss of earning an amount of Rs. 2,000/- is further granted and loss of amenities I grant another sum of Rs. 3,000/- making an additional compensation of Rs. 10,000/-. M.A.C.A.Nos. 355/2008, 357/2008, 386/2008, 465/2008, 588/2008 & 855 /2008 -4- M.A.C.A. No. 386/2008 This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No. 1693/2002. The claimant, 35 year old lady, sustained injuries in a road accident and she has been awarded a compensation of Rs. 12,500/-. It is against that decision the claimant has come up in appeal. 2. Heard the learned counsel for both sides and perused the documents. It would reveal that she was treated in the Medical College Hospital, Kozhikode as inpatient from 19.4.2002 to 26.4.2002 with a partial cut of the patella tendon. Suturing was done and she was discharged thereafter. Taking into consideration the fact that being a house wife that she would have needed somebody's help for at least 4-6 weeks, I award a sum of Rs. 1500/- under that head for either payment to the helper or towards loss of earning. Similarly the restriction in movement of the leg that too for a house wife will result in physical exhaustion. Therefore I grant an amount of Rs. 2,000/- under that head. So she is entitled to get an additional compensation of Rs. 3500/-. M.A.C.A.Nos. 355/2008, 357/2008, 386/2008, 465/2008, 588/2008 & 855 /2008 -5- M.A.C.A.No. 465/2008 This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No. 1687/2002 where a three months old baby sustained injuries in a road accident. The Tribunal found that she was treated as out patient dated 20.4.2002 for loose motion and vomiting and therefore disallowed the claim. It is against that the claimant has come up in appeal. I had perused the documents given by the learned counsel for the appellants. As per the O.P Ticket dated 19.4.2002 it is seen that there was a contusion on the right side of the scalp. The child was kept under observation for the purpose of head injury. Subsequently on 20.4.2002 the child was admitted in connection with accident and there was also loose motion for which also the child was treated. The fact that the child got involved in the accident and had sustained contusion appears to be correct, especially for the reason that his mother was with him at the time of accident. Therefore considering nature of small injury sustained I am inclined to grant Rs. 2,000/- as compensation in this case. M.A.C.A.Nos. 355/2008, 357/2008, 386/2008, 465/2008, 588/2008 & 855 /2008 -6- M.A.C.A. 588/2008 This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No. 1695/2002. A lady aged 50 years sustained injuries in a road accident and she was treated in a private Nursing Home at Thirurangadi. She has been awarded a compensation of Rs. 6,000/-. It is against that decision the claimant has come up in appeal. 2. Heard the counsel for the appellant. A perusal of the discharge card would reveal that the lady was admitted on 19.4.2002 and discharged on 29.4.2002. She had a fracture of the scapula and also a large injury of 12 cm x 4 cm on the medial aspect of left ankle with skin loss. The Tribunal awarded only Rs. 6,000/- which requires modification. Being a house wife, she would have needed the help of somebody to assist her or she would have been deprived from her normal work even as a coolie and therefore an amount of Rs. 1,500/- is awarded under loss of earning. Since she was treated in the private hospital for a period of 10 days, I award a sum of Rs. 1,500/- towards M.A.C.A.Nos. 355/2008, 357/2008, 386/2008, 465/2008, 588/2008 & 855 /2008 -7- treatment and bystanders expenses. Towards pain and suffering Rs. 5,000/- is awarded and towards loss of amenities and enjoyment in life I award a sum of Rs. 3,000/-, making total of Rs. 11,000/- out of which Rs. 6,000/- is already awarded. Therefore the claimant is entitled to get an additional compensation of Rs. 5,000/-. M.A.C.A. No. 855/2008 This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No. 1691/2002. The claimant, a 25 year old lady, sustained injuries in a road accident and she was initially admitted in the Medical College Hospital for a period of 7 days from 19.4.2002 to 26.4.2002 and she had a contusion of the left shoulder. There was also a suspected head injury and therefore he had undergone scan from the Medical College Hospital which fortunately revealed that there was no serious head injury. She was then sent back and she had undergone treatment in a Private hospital at Thirurangadi for some time as an outpatient. She had also taken medicine for the same. Considering the entire materials I award an amount of Rs. 1,000/- M.A.C.A.Nos. 355/2008, 357/2008, 386/2008, 465/2008, 588/2008 & 855 /2008 -8- towards loss of earning, Rs. 1,500/- towards medical expenses, Rs. 2,500/- towards pain and suffering making total of Rs. 5,000/- out of which Rs. 2,500/- is already awarded. Therefore the claimant is entitled to get an additional compensation of Rs. 2,500/-. In the result, these appeals are disposed of as follows: In M.A.C.A. 355/08 the claimant is awarded an additional compensation of Rs. 13,260/-, in M.A.C.A. 357/08 the claimant is awarded an additional compensation of Rs. 10,000/-, in M.A.C.A. 386/08 the claimant is awarded an additional compensation of Rs. 3,500/-, in M.A.C.A. 465/08 is allowed and the claimant is awarded a compensation of Rs. 2,000/-, in M.A.C.A. 588/08 the claimant is awarded an additional compensation of Rs. 5,000/- and in M.A.C.A. 855/08 the claimant is awarded an additional compensation of Rs. 2,500/-. In all these cases the 3rd respondent Insurance Company is directed to deposit the amount awarded with 6% interest on the same from the date of petition till realisation. M.N. KRISHNAN, JUDGE vkm