IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 MFA.No. 1022 of 2002(A) OPMV.1371/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA APPELLANT: PETITIONER --------------------- MOHANAN C.V., AGED 35 YEARS, S/O.VELAYUDHAN, CHEMPAKASSERY HOUSE, RESIDING AT KOTTATT DESOM,WEST CHALAKUDY VILLAGE, KOTTATT P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH SRI.MATHEW GOPURAN RESPONDENTS: RESPONDENTS ------------------------ 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, OWNER OF KL-15/1455 (TA.421) STATE CARRIAGE. 2. SHAHUL HAMEED V.V.,S/O.VAVA RAWTHER VETTUKKAL HOUSE, PARIYARAM P.O., DRIVER OF KL-15/1455 (TA-421) STATE CARRIAGE. BY ADV. SRI.K.PRABHAKARAN.SC KSRTC THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.T.SANKARAN, JJ. ---------------------------------------------------- M.F.A. NO. 1022 OF 2002 ---------------------------------------------------- Dated this the 14th January, 2008 JUDGMENT J.B.KOSHY, J. The appellant/claimant sustained serious injuries in a motor accident occurred on 15.9.1998, due to the negligence of the driver of the vehicle owned by the first respondent. The appellant claimed a compensation of Rs.10 lakhs. The amount awarded by the Tribunal was only Rs.2,65,000/-. The only dispute in the appeal is regarding the quantum of compensation. 2. Ext.A5 wound certificate shows the following injuries: “1) Quardriplegia 2) Cervical disc prolaps at C5-6 level. 3) Interverterbral disc prolaps at C5-6 level. 4) Severe Abdominal pain. 5) Haemoperitoneum. 6) Multiple abrasions over both legs scalp and left shoulder.” The medical certificate produced would show that emergency Laprotomy was done and blood in peritoneal cavity was removed. Ext.A7 scan report dated 15.9.1998 shown moderate central C4-C5 and C5-C6 disc herinations compressing the thecal sac and cord. The cord exhibits diffuse hyperintensity at this level suggestive of cord edema, Mild Central C3-C4 disc herniation is also noted. Minimal prevertebral soft tissue odema noted from C1-C2 up to C3-C4. Ext.A8 Sonography report taken on 15.9.1998 M.F.A.NO.1022 OF 2002 :: 2 :: shown haemoperitoneum. Ext.A9 is a disability certificate issued on 1.8.2001 by the Medical Board assessing 60% disability to the patient. After considering the medical certificate, the Tribunal found as follows: “The available evidence shows that due to the vertebral injury he has total paralysis. He cannot walk, for taking food he required help, his primary needs are attended by his wife. He has wife and 2 children. He is depending entirely on his parents, brothers and wife for his day to day primary needs. He was consuming liquid food for a considerable long period after the accident.” Even though the Tribunal found that he is unable to get any job and that his earning capacity was completely lost, because of the fact that he has normal memory, the Tribunal granted compensation for only 50% disability. It is the case of the appellant that he is unable to do any work and, therefore, compensation for 100% disability should be granted. In any event, there is no justification for not granting compensation for 60% disability as assessed by the Medical Board. 3. Appellant was a heavy vehicle driver. His driving licence, badge etc. were produced. The Tribunal fixed Rs.1,500/- as his monthly income. Ext.A15 is the driving licence issued to the appellant. Since he was a heavy vehicle driver and the accident occurred in 1998, he might have obtained a minimum of Rs.150 – 200/- per day. In any event, at least Rs.3,000/- can be fixed as his monthly income. He was 34 years old. Taking guidance from the Second Schedule, 17 is the multiplier. If M.F.A.NO.1022 OF 2002 :: 3 :: that be so, the compensation payable for loss of earning power will be Rs.3,000/- x 12 x 60/100 x 17 = Rs.3,67,200/-. The Tribunal has awarded only Rs.1,53,000/-. So, the appellant will be entitled to an additional amount of Rs.2,14,200/- on this count. The Tribunal found that he was under treatment for six months. For actual loss of income for the period of treatment, the Tribunal has granted Rs.9,000/-. Since we have enhanced his monthly income by Rs.1,500/-, he is entitled to get another Rs.9,000/-.. Thus the appellant will be entitled to get an additional compensation of Rs.2,23,200/-. It is submitted that reimbursement of Ayurvedic medicines were not granted. It is further submitted that since he is completely bed- ridden, he needs a bystander for the entire life. For future medical expenses, no amount was granted by the Tribunal. Considering the total amount and interest due thereon, we are not awarding any amount on these claims separately. The first respondent is directed to deposit the additional amount of Rs.2,23,200/- with 7.5% interest from the date of application till deposit. On deposit of the amount, the appellant is allowed to withdraw Rs.50,000/-. The balance amount should be deposited in a nationalized bank for five years enabling the appellant to draw interest quarterly. (J.B.KOSHY) Judge (K.T.SANKARAN) Judge ahz/ M.F.A.NO.1022 OF 2002 :: 4 :: J.B.KOSHY & K.T.SANKARAN,JJ. ------------------------------------------- ------------------------------------------- M.F.A.NO. 1022 OF 2002 JUDGMENT 14th January, 2008 -------------------------------------------