IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 MFA.No.461 of 2003(F) ---------------------------- OPMV.355/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: PETITIONER ------------------------------ PAULOSE V.D., S/O. DEVASSIA, AGED 46 YEARS, VELLILAMTHADAM HOUSE, POST POOTHADI SULTHAN BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENTS: RESPONDENTS ------------------------------------ 1. ASHISH, AGED 23 YEARS, S/O. SAIDALAVI, KARAKI, KOPPA, CHIKKAMANGALORE DISTRICT, KARNATAKA. (DRIVER OF BUS NO.KA-19/1691, D.L.NO.NOT KNOWN). 2. PARTNER, M/S.SHUBA SHANKAR TRANSPORT, KOPPA, CHIKKAMANGALORE DISTRICT, KARNATAKA. (OWNER OF BUS NO.KA-19/1691). 3. ORIENTAL INSURANCE CO. LTD., BADAGARA (LOCAL BRANCH OF INSURERS,CHIKKAMANGALORE P.B.NO.68, VIJAYA COMPLEX, SYNDICATE BANK BUILDING I.G. ROAD, POLICY NO.42262/4/597/MV/96/1066). ADV. SRI.S.MAMMU FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. F. A. No.461 of 2003 ------------------------------------------------ Dated this the 17th day of October, 2008 JUDGMENT Koshy, J Appellant/claimant sustained injuries in an accident at the age of 40 on 06/04/96. He claimed a compensation of Rs.3 lakhs. The Tribunal found that the accident occurred due to the negligence of the first respondent/ driver of the bus which was insured by the third respondent/Insurance Company but awarded only a total amount of Rs.47,364/- inclusive of reimbursement of medical expenses. The dispute raised in this appeal is regarding quantum of compensation only. 2. Appellant was treated in various hospitals. Discharge summary issued by the National Hospital, Calicut reads as follows:- M. F. A. No.461 of 2003 -2- “History : Alleged RTA on 06/04/96. Had (L) Frontal contusion & (L) Frontoparietal SDH - treated conservatively at K.M.C Manipal. Admitted with C/o headache & difficulty in speech since 15/04/96. He had defective vision (L) eye which gradually improving. No vomiting, fits, fever. Head bleeding from ( R) ear. O/E : Conscious Dysphasia + Pupils normal. (L) Subhyaloid haemorrhage + Moves all limbs Plantar ↑ ↓ P - 76/mt BP - 120/70 (L) Forearm splinted. Other systems normal. Investigations : CT Head : (L) Frontoparietal SDB with mass effect. Blood group : O + ve ECG, X-ray Chest : WNL Treatment : On 17/4/96 under GA (L) Frontoparietal Craniotomy done. The subdural blood clots removed. The dura left opened. Bone flap replaced. Wound closed. 2 Units of O + ve blood given. Post OP: Period uneventful. He recovered well. Speech became normal. No headache. For (L) Subhyaloid haemorrhage - Ophthalmologist opinion obtained. VA on 25/4 - ( R) 6/6 ------------ ( L) metres SR done. Wound healed.” M. F. A. No.461 of 2003 -3- 3. The disability certificate issued by the Neuro Surgeon is as follows:- “This is to certify that Mr.V.D.Paulose, Vellilamathadam House, Poothady (P.O), Wyanad, was admitted in our hospital on 16/04/1996 following a Road traffic accident. He underwent a major Brain operation on (L) side to remove the blood clots. Now as a post-traumatic sequelac he has impaired memory. The permanent disability assessed is 10% (Ten percent).” 4. He was a High School Teacher in a Government School. His monthly income excluding H.R.A and other allowances was Rs.5,000/-. The Tribunal did not award any compensation on multiplier method because he did not lose his employment, but awarded only Rs.15,000/- for disability and loss of earning power. Government High School Teacher has to retire at the age of 55. He can conduct further teaching classes in aided institutions and can take home tuitions. It is submitted on behalf of the appellant that in view of nature of injuries sustained he will not be able to do any work after retirement though being a Government School Teacher he was not M. F. A. No.461 of 2003 -4- discharged on medical ground. Taking note of the fact that he has to carry on with this difficulty throughout his life, we award Rs.10,000/- more for disability, loss of earning power after retirement, loss of amenities etc. Therefore, the additional amount of Rs.10,000/- should be deposited by the third 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 amount, the appellant is allowed to withdraw the same. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-