IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 MFA.No. 79 of 2003(B) ------------------------------ OPMV.406/1994 MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA ......................................... APPELLANT: PETITIONER ------------------------------------- BABU @ ANTONY S/O. VARGHESE THEKKINIYATH, PANTHANPURAKKAL P.O., CHITISSERY, VIA. PUDUKKAD. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS: RESPONDENTS ----------------------------------------------- 1. K.K.JAYAKUMAR, S/O. KUTTAPPAN K.K. KALLADATHIL HOUSE, VENDORE, ALAGAPPANAGAR P.O. 2. BHUVANACHANDRAN, S/O. K.K.ALLY, KALLADATHIL HOUSE, VENDORE, ALAGAPPANAGAR P.O. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, GURUVAYUR ROAD, P.O. KUNNAMKULAM. 4. K.K.JAYAKUMAR @ AJAYAKUMAR, S/O. KUTTAPPAN, KALLADATHIL HOUSE, VENDORE, P.O.ALAGAPPANAGAR. R3 BY ADV. SRI.A.R.GEORGE THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.79 OF 2003 ------------------------------------- Dated 25th March, 2008 JUDGMENT Koshy,J . Appellant/claimant at the age of 15 years sustained serious injuries in a motor accident on 29.12.1993. Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company, but, awarded only an amount of Rs.80,000/= with interest and cost against a claim of Rs.2,54,300/=. The only dispute is regarding the quantum of compensation. Ext.A6 is the discharge summary issued from Aswini Hospital, Thrissur where he was treated as inpatient initially for 24 days. Discharge summary shows the following injuries: “1) Multiple large bruises over the left side of head. 2) Bruise chest wall. 3) Fracture ribs 4 and 5 right side. 4) C.T. Scan shown closed head injury. 5) Left tempero parietal fracture. 6) Subgaleal haematoma right side. 7) Cerebral contusion and oedema.” Ext.A7 is an ophthalmic report from the Mother Hospital dated 8.8.2001. According to the appellant, he had lost vision of left eye, watering and MFA.79/2003 2 smallness of left eye and occasional blurring of vision in the right eye. On examination it was found that his corrected visual ability was 6/9 in the right eye and 6/18 in the left eye and the left eye appears to be due to post traumatic optic atrophy. Normal vision cannot be restored in the left eye by any medical or surgical treatment and doctor certified 10% permanent disability. Ext.A8 is the audiogram graph and Ext.A9 is the audiogram readings. The ENT surgeon issued Ext.A10 certificate on 8.8.2001 certifying that there was facial asymmetry with reduced growth left side of face. He has hearing loss to the left ear. Ext.A11 is the medical certificate dated 14.8.2001 issued by Dr.Jayakumar, Orthopaedic surgeon of the Medical College Hospital, Thrissur. He has issued the certificate on the basis of treatment records from Aswini Hospital, Thrissur and clinical examination of the patient. On examination it was found that the patient had tenderness and thickening of the 4th rib close to the casto- chondral junction right. Pleural rib on deep inspiration indicating adhesion of the pleura to the chest wall. Chest expansion grossly reduced on the right side. He has pain during deep inspiration. Based on these findings the doctor found permanent disability of 7% on the basis of his chest wall injury and fracture ribs excluding his neuro ENT problem. Ext.A12 is a certificate issued by PW2 Neuro Surgeon attached to the Heart Hospital, Thirssur on 17.8.2001 certifying that the claimant has sustained severe, closed head injury MFA.79/2003 3 and fracture left fronto-parietal area, large subgaleal haematoma right side, cerebral cortical contusion with oedema, post tempero parietal bleeding from left ear, gliosis etc. The Doctor on examination found out that the patient has severe head ache, lack of concentration vertigo and emotional out burst. Late onset seizures, loss of hearing etc. were also noticed. Disability assessed for visual impairment was 10%, for neuro problems 15%, for ENT problems 15%, for ortho disability consequent to fractures 7% and assessed the whole body permanent disability as 39%. According to the claimant, after effect of the injuries due to the accident at young age has affected his entire future. It affected his studies, future prospects and entire ambitions in life came to a full stop. The Tribunal did not accept the disability certificate as the assessment was made in 2001 only. But, permanent disability will not change and it was certified after considering the medical reports regarding treatment of the claimant immediately after the accident and his examination. The records from Aswini hospital where he was treated initially were considered by these doctors and after examination of the patient only the disability certificate was issued. Tribunal reduced the percentage of disability from 39 to 25 without any sufficient material. Only Rs.900/= was taken as the monthly income. He was a boy aged 15. Doctor deposed that normal life is not possible for him in view of the injuries mentioned. We are of the opinion that notional income of MFA.79/2003 4 Rs.15,000/= as fixed under the second schedule ought to have been fixed in this case. Tribunal has taken 15 as the multiplier taking guidance from the second schedule. If that be so, compensation payable for disability and loss of earning power will be Rs.87,750/= (15,000 x 15 x 39). Tribunal has granted 100 Rs.40,500/= for disability and loss of earning power. So, he will be entitled to an additional amount of Rs.47,250/= on that count. We are of the view that compensation granted under other heads are just and reasonable. The additional amount of Rs.47,250/= 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. Since the accident occurred in 1993, on deposit of the amount appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE K.HEMA JUDGE tks