IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 MACA.No. 913 of 2006 ------------------------------------ OPMV.1047/1998 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/CLAIMANT: BADARUDEEN.M. S/O.MOIDEENKUNJU, PALAKKAMATTOM HOUSE, CHANGAMPUZHA NAGAR P.O., KOCHI 33. BY ADV. SRI.K.JANARDHANAN SRI.MANURAJ. K.J RESPONDENTS/RESPONDENTS: 1. Mr.M.R.ANTHONY, MUDAVATHIL HOUSE, PALARIVATTOM, KOCHI 25. 2. GEORGE, S/O.VARGHESE, KALATHIPARAMBIL VEETTIL, PALARIVATTOM KARA, NEAR PALLISSERIMUKKU, EDAPPALLY SOUTH VILLAGE. 3. UNITED INDIAN INSURANCE CO.LTD., BRANCH OFFICE, LAYAM ROAD, THRIPUNITHURA. BY ADV. SMT.M.LALITHA NAIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.913 of 2006 --------------------------------- JUDGMENT Koshy, J. The appellant/claimant, while travelling in an autorickshaw, sustained serious injuries when the above autorickshaw was hit by a lorry bearing Reg. No.KL-7/F 1434, driven by the second respondent, owned by the first respondent and insured by the third respondent. He claimed a total compensation of Rs.1,71,000/-. The Tribunal found that the appellant is entitled to an amount of Rs.55,834/- and directed the third respondent Insurance Company, which insured the offending vehicle, to pay compensation. The only dispute is with regard to the quantum of compensation. 2. At the time of the accident, the appellant was aged 47. Taking guidelines from the II schedule, the multiplier adopted is 13. We see no ground to enhance the same. The appellant is an MACA 913/06 2 autorickshaw driver by profession. The accident occurred while he was riding an autorickshaw. The Tribunal has fixed the monthly income as Rs.1,500/-. According to the claimant, he was getting a monthly income of Rs.3,000/-. The accident occurred on 12.11.1997. As an autorickshaw driver, he will get at least Rs.100/- per day and will get at least 25 days' work. So, he may get Rs.2,500/- per month. He was maintaining a family from the income so he gets. Therefore, Rs.2,500/- is fixed as the monthly income. Now, we will come to the injuries sustained by the appellant. Exhibit A4 is the wound certificate, which reads as follows: “Contused ragged lacerations on left side of the forehead involving eye brow and on upper lip involving nasal and repaired avulsion of one tooth, Grade II mobility of one tooth, laceration on left big toe, abrasion and contusion on the nose, abrasion on MACA 913/06 3 left hand, left shoulder, right shoulder, right hand, tight hip and fracture of acetabulam (left), with dislocation left hip.” Closed reduction was done and skeletal traction was given. He was an inpatient in the hospital from 13.11.1997 to 24.12.1997. The Tribunal did not grant any compensation for permanent disability and for loss of earning power, as no disability certificate was produced. The appellant himself was got examined by the Medical Board on 31.5.2005, after the award of the Tribunal and produced a copy of the above certificate as Annexure-A1 along with I.A.No.2026/08. During hearing, the appellant showed the original of the above certificate. We have verified the same. The certificate is dated 31.5.2005. Even though the genuineness of the certificate is not disputed, considering the fact that he was an autorickshaw driver and the injuries sustained, it cannot be stated that he has not MACA 913/06 4 suffered any permanent disability. The Medical Board assessed the disability to be 17%. It is on the higher side. Even though the X-ray showed that fracture was united, there was complications in the hip movements and acetabulam with secondary OA (L) hip was there and that shows that it will lead to continuous problems, we assess the disability to be 10%. If that be so, the compensation payable for permanent disability and for loss of earning power will be 2500 x 12 x 10/100 x 13 = 39,000/-. For loss of earnings, the Tribunal found that he was unable to do any work for six months. Since we have increased the monthly income to Rs.2,500/-, he is entitled to get Rs.6,000/- more in that head. It is the contention of the appellant that only the actual medical bills were reimbursed. He was an inpatient for a month. It is his case that he has continued the treatment and full bills were given only after payment of the entire amount and the total amount is Rs.21,116/-. He produced Annexure- MACA 913/06 5 A2 to prove the same. It is submitted that even though the bill was prepared by the hospital authorities, as he did not pay the amount due to financial difficulties, the bill was not given to him and only when the full amount was paid, the bill was issued. Original of the said bill was also shown to us for verification. In the above circumstances, we award Rs.10,000/- more for medical and incidental expenses. Therefore, the additional compensation payable will be Rs.55,000/-. The above amount should be deposited by the third respondent Insurance Company with 7.5% interest over and above the decreed amount. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is, thus, partly allowed. (J.B.Koshy, Judge) 6th August, 2008 (K.P.Balachandran, Judge) tkv