IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 MFA.No. 251 of 2003(A) ---------------------- OPMV.992/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER IN THE O.P.(MV) NO.992/2000: ------------------------------------------------- SURENDRAN, S/O.NARAYANAN, KOTTAYIL VEEDU, VILAYUR WEST (POST), PATTAMBI, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.G.PARAMESWARA PANICKER (SR.) SRI.SANTHEEP ANKARATH RESPONDENTS/RESPONDENTS IN O.P(MV) NO.992/2000: ----------------------------------------------- 1. FANSU RAHMAN, S/O.AHMMEDKUTTY, CHERUTHODI VEEDU, KURUVA AMSOM, VATTALUR DESOM, CHURAKAVU, MALAPPURAM DISTRICT. 2. AHMEDKUTTY, S/O.UNNI AVARAN, CHERUTHODY HOUSE, CHURUKULAMBA, VATTALUR, MAKKARAPARAMBA, MALAPPURAM DISTRICT. 3. UNITED INDIA INSURANCE COMPANY LIMITED, XVI/405, DAUDI AUTOMOBILES BUILDINGS, POST BOX NO.11, UPHIL, MALAPPURAM DISTRICT, PIN - 676 605. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.251 OF 2003 (A) ----------------------------------- Dated this the 26th day of March, 2008 J U D G M E N T KOSHY,J. Appellant claimant sustained serious injuries in a motor accident due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. Against a claim of Rs.2,95,000/- tribunal has awarded only Rs.56,500/-. Only quantum of compensation is disputed in this appeal. 2. As a result of the accident, he had fracture of both bones of left leg apart from abrasions in other parts of the body. He was altogether 17 days treated as inpatient in the hospital. As a result of the fracture, there was limitation of terminal plenter flexion and dorsiflexion of (L) ankle and tenderness at the upper end of left leg and he had permanent partial impairment of 4% of left lower limb function as per the Ext.A7 disability certificate issued by the hospital. The accident MFA.251/03 2 occurred on 23.2.2000. As per Ext.A10 certificate, he is a toddy tapper attached to Shop No.29. We are of the opinion that since he was a registered toddy tapper, tribunal ought have fixed Rs.3,000/- as the monthly income instead of Rs.2,000/- fixed. Tribunal found that as a result of the fracture, there is four months loss of earning and if that be so, compensation for loss of actual earning for four months is Rs.12,000/- instead of Rs.8,000/-. Therefore, he is entitled to additional amount of Rs.4,000/- For permanent disability Rs.2,000/- was awarded. His both bones of left leg below knee were fractured. There was permanent partial disability of 4%. But it is not specifically stated that it is whole bodied disability or disability to that limb. Even though we are not calculating compensation on a multiplier method, the permanent disability which he has to suffer till the end of his life and considering the nature of the work, we are of the opinion that atleast Rs.7,500/- ought have been awarded for disability and loss of earning capacity. Therefore, he is entitled to additional amount of Rs.5,000/- more on that ground. Thus additional amount payable will be Rs.9,500/-. The above amount of Rs.9,500/- MFA.251/03 3 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, appellant is allowed to withdraw the same. With the above observations, this appeal is partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.251 OF 2003 (A) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th March, 2008