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. 925 of 2002(E) OPMV.83/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA APPELLANT: PETITIONER --------------------- BINDU BABU, AGED 26, W/O. BABU, MEKKADAN HOUSE, KADAMBODU, PADY, VELLIKULANGARA. BY ADV. SRI.T.N.MANOJ SRI.DINESH R.SHENOY RESPONDENTS: RESPONDENTS ------------------------ 1. SHAJI S/O. VARGHESE, NEETINGARA HOUSE, VELLIKULANGARA VILLAGE, MONADY DESOM, MUKUNDAPURAM TALUK. 2. K.O.VARGHESE S/O. ABRAHAM, THELAPPILLY HOUSE, PARAKKADAVU POST, PULIYANAM KARA, ALUVA. 3. THE ORIENTAL INSURANCE COMPANY LTD., ANGAMALY. R3 BY ADV. SRI.ANCHAL C.VIJAYAN 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. 925 OF 2002 D ---------------------------------------------------- Dated this the 14th January, 2008 JUDGMENT J.B.KOSHY, J. The appellant/claimant, at the age of 19, sustained injuries in a motor accident occurred on 1.12.1994. Against a claim of Rs.Two lakhs, amount awarded was only Rs.40,000/-. Only the quantum of compensation is disputed in the appeal. 2. As a result of the accident, she suffered the following injuries: “1. Fracture on her pelvis. 2. Fracture on the left humerous. 3. Bruisies all over the body. 4. Disfigurement of the lip and chin due to deep abrasions on them.” 3. Dr.Jose Kuriyan Kattukaran, Orthopaedic Surgeon of the Government Taluk Hospital, Chalakudy, certified that she has got 15% disability. The Tribunal assessed only 7% disability. We are of the opinion that there is no reason for the Tribunal to reduce the disability assessed by the Doctor. The Doctor was examined and he proved the medical certificate. In any event, if the Tribunal wants to differ from the medical certificate, he ought to have referred the matter to the Medical Board. M.F.A.NO.925 OF 2002 :: 2 :: However, considering the fact that the appellant sustained fracture on her pelvis and left humerous apart from the injuries to chin and lip, we are of the opinion that 15% disability assessed by the doctor, ought to have accepted by the Tribunal. The Tribunal assessed only Rs.1,000/- as the monthly income of the appellant. As per the Second Schedule, the notional income fixed for a non-earning person is Rs.1,250/- per month (Rs.15,000/- per year). Even though it is stated that she was earning Rs.2,000/- per month by tailoring, there is no evidence for the same. Therefore we fix Rs.15,000/- per year as the notional income of the appellant. If that be so, the compensation payable for 15% disability is Rs.36,000/-. The Tribunal awarded only Rs.13,500/-. Therefore, the appellant/claimant will be entitled to an additional amount of Rs.22,500/- on this count. 4. The Tribunal has found that she was under treatment for six months and awarded Rs.6,000/- for loss of actual earnings. Since we have taken Rs.1,250/- as the monthly income of the claimant, for loss of actual earnings for six months, the claimant will be entitled to Rs.1,500/- more. It was argued that towards the claim for Rs.5,400/- as medical expenses, the Tribunal has awarded only Rs.3,000/-. We are of the opinion that Rs.1,400/- more ought to have been granted under that head. It was submitted that she was 19 year old girl. The injury to lip caused M.F.A.NO.925 OF 2002 :: 3 :: dis-figuration. We are of the opinion that since it is not permanent, no compensation need be granted for dis-figuration. We are also of the opinion that no enhancement is necessary for compensation granted under other heads. Thus the claimant will be entitled to an additional compensation of Rs.25,400/-over and above the amount awarded by the Tribunal. 5. The additional compensation of Rs.25,400/- over and above the amount decreed by the Tribunal should be deposited by the third respondent with 7.5% interest from the date of application till deposit. On deposit of the amount, the appellant is allowed to withdraw the same. The Miscellaneous First Appeal is allowed as indicated above. (J.B.KOSHY) Judge (K.T.SANKARAN) Judge ahz/ J.B.KOSHY & K.T.SANKARAN, JJ. ------------------------------------------- ------------------------------------------- M.F.A.NO. 925 OF 2002 D JUDGMENT 14th January, 2008 -------------------------------------------