IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 MACA.No. 1395 of 2008(G) ------------------------------------- O.P(MV).NO.2342/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. .................... APPELLANT/ PETITIONER: -------------------------------------- P.S.SULAIMAN, AGED 47 YEARS, S/O.PAREED, PUNNAKKATTU HOUSE, THRIKKAKARA P.O., THRIKKAKARA VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.MANJUSHA MOHANDAS SMT.ANILA PETER RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. C.N. PURUSHAN, S/O. NARAYANAN, CHIRAYIL HOUSE, CHARAMANGALAM, MUHAMMA.P.O., CHERTHALA. 2. PRASAD, S/O.SIDHAN, THAIMITTATHIL HOUSE, MUHAMMA P.O., MUHAMMA KARA, (VIA) CHERTHALA. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, REGIONAL OFFICE, ERNAKULAM, COCHIN-682 011. ADV. SRI.L.G.SURESH BABU FOR R1 ADV. SRI.PADMALAYAN.P.P. FOR R1 ADV. SRI.RENIL ANTO KANDAMKULATHY FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & V.K.MOHANAN, JJ. ------------------------------- M.A.C.A.NO.1395 OF 2008 () ----------------------------------- Dated this the 7th day of October, 2008 J U D G M E N T KOSHY,J. Appellant/Claimant sustained injuries in a motor accident on 26.1.2001. The Medical certificate shows that he had fracture of C6 Vertebra without neurological deficit. Doctor certified 30% disability. Tribunal found that no evidence was produced showing the nature of employment of the appellant. Despite certificate of 30% disability, according to the Tribunal, no occupational disability was proved. Therefore, Tribunal awarded Rs.15,000/- for loss of discomforts and inconvenience but no compensation was awarded for permanent disability and loss of earning power. Considering the above contentions, we have referred the matter to the Medical Board. Medical Board certified that permanent disability is zero percent but thereafter it is written that Orthopaedic MACA.1395/08 2 disability is 17%. Certificate from the Assistant Professor in Orthopaedics is also enclosed along with the Medical Board certificate. Since there is no evidence regarding the employment, though tribunal fixed Rs.2,500/- as the monthly income, we cannot calculate compensation for loss of dependency on a multiplier method considering the injuries sustained. The medical certificate issued by the Assistant Professor in Orthopaedics shows that “This gentleman sustained injuries to his cervical spine following the Accident which in spite of the best medical treatment has left him with persistent disabilities. He has got limitation of movement of cervical spine along with local tenderness. Xrays and CT scan of cervical spine shows evidence of cervical spine injury at C6 level. I would consider and recommend a Permanent Partial Disability of the order of 17% (Seventeen Percent) for the injuries he sustained to the cervical spine during the accident.” Taking all these facts, we award Rs.15,000/- for permanent disability and loss of earning power. The above amount of Rs.15,000/- should be deposited by the 3rd respondent MACA.1395/08 3 Insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the Tribunal and on deposit of the above amount, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE V.K.MOHANAN, JUDGE prp J.B.KOSHY & V.K.MOHANAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 7th October, 2008