IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No. 46 of 2006(A) ---------------------------------- OP(MV).NO.607/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/ PETITIONER: -------------------------------------- BABY JOSEPH, S/O.JOSEPH, NARIPURATHU HOUSE, PIRAVITHANAM P.O. BY ADV. SRI.S.PRASANTH. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ * 1. SOMAN, THEKKEKARAYIL HOUSE, LALAM KARA, PALA P.O. *(DELETED) *THE NAME OF FIRST RESPONDENT IS DELETED FROM PARTY ARRAY VIDE ORDER DTD. 11/08/2008 INI.A. 2051/2008. 2. O.K.HASSAN, OTTIKOTTATHIL HOUSE, UDUMBANNOOR P.O., IDUKKI DIST. 3. THE UNITED INDIA INSURANCE CO. LTD., COIMBATORE. R3. BY ADV. SRI.P.MURALEEDHARAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.46 OF 2006 (A) ----------------------------------- Dated this the 3rd day of November, 2008 J U D G M E N T KOSHY,J. Appellant/Claimant sustained serious injuries in a motor accident on 16.1.1993. As a result of the accident, he sustained isodense chronic subdural haematoma involving both fronto parietal regions. Doctor certified 8% disability. But no compensation was awarded for permanent disability and loss of earning power and total amount awarded was only Rs.20,262/- inclusive of reimbursement of medical expenses. The only dispute is regarding the quantum of compensation. 2. According to the appellant, he was a head load worker earning an amount of Rs.4,000/-. Accident occurred in 1993. In the absence of evidence, Tribunal fixed Rs.1,500/- as the monthly income. We see no ground to enhance the same. He could not do any work for a period of two months. But Tribunal has awarded only Rs.2,000/- for loss of actual earning while he was under treatment. Therefore, he is entitled to MACA.46/06 2 Rs.1,000/- more for loss of actual earning. Even though Tribunal did not award any amount for disability, it has come out in evidence that the appellant had fracture of the nasal bone as evidenced from Ext.A6 and subdural haematoma. Taking all these things, we are of the opinion that atleast Rs.5,000/- ought to have been awarded for the injuries sustained by him. Thus, additional compensation amount payable will be Rs.6,000/-. The additional amount of Rs.6,000/- 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 amount decreed by the Tribunal. On deposit of the above amount, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 14th October, 2008