IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 MFA.No. 1277 of 1998(B) ---------------------------------- OPMV.1498/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT: (APPLICANT ) ------------------ K.P.PADMAKUMAR, S/O. KUTTAN PILLAI, AGED 37, 'YAMUNA', T.C. 39/15, VRINDAVAN GARDENS, BEHIND SREE PADMANABHA THEATRE, EAST FORT, CHALAI WARD, IRANIMUTTOM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.S.REGHUNATH SRI.MOHAN JACOB GEORGE RESPONDENTS: (RESPONDENTS) ----------------------- 1. R.S.VIJAYAM, D/O. X-1/370. KUNNIL VEEDU, VAYALARIKAM, NEAR CATHOLIC CHURCH, KESAVADASAPURAM ULLOOR PANCHAYATH & VILLAGE, PATTOM P.O., THIRUVANANTHAPURAM. 2. BIJU K.V., S/O. N.J. KARUNAKARAN, KUNNIL VEEDU, VAYALARIKAM, NEAR CATHOLIC CHURCH, DO. DO. 3. THE DIRECTOR, KERALA STATE INSURANCE HOUSING BOARD BUILDING, THAMPANOOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 12/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.1277 OF 1998 (B) ----------------------------------- Dated this the 12th day of February, 2008 J U D G M E N T KOSHY,J. Appellant claimant met with an accident on 5.5.1994 in which he suffered serious injuries. He claimed a compensation of Rs.11 lakhs. Tribunal has awarded only Rs.67,300/-. Only dispute is regarding the quantum of compensation. Coverage of Insurance was admitted. 2. Exts.A4, A12 to A14 shows that he suffered following injuries: 1. Fracture right wrist-displaced, Fracture lower end of right radius, Fracture lower end of right ulna, Fracture right Seaphoid. 2. Displaced fracutre of greater tuberosity left humerus. 3. Contusion left forearm. 4. Contusion left knee. MFA.1277/1998 2 5. Abrasion right wrist, right forearm and right elbow.” Even though a disability certificate was produced to show that he had 13% disability after considering the certificate and seeing the claimant and also seeing that some of the disabilities mentioned in the certificate did not occur due to the accident, tribunal assessed disability only at 7%. We see no ground to interfere in the same. Petitioner was employed as a clerk in Saudi Arabia. Ext.A15 is the certificate showing that Rs.37,100/- was his monthly income. Tribunal did not grant compensation on a multiplier method because he went back to Saudi Arabia after the period of treatment and there was no evidence to show that there was any reduction in salary. Therefore only Rs.35,000/- was awarded as compensation for after effects of the disability. We see no ground to interfere with the above because even though he has got 7% permanent disability which he has to suffer through out his life, there was no serious loss of earning power as he went back to Saudi Arabia for taking job. He did not produce the pass port. MFA.1277/1998 3 Further tribunal found that he was unable to do any work for the period he was under treatment. He produced medical certificate to the effect that he was under treatment for 21/2 months. According to the tribunal, he was under treatment and rest for four months and taking Rs.1,000/- as the monthly income tribunal has granted Rs.4,000/-. There is no evidence to show that for how much period he was on loss of pay leave. According to the claimants, he came for leave for one month and he has to take loss of pay leave for three months. But there is no evidence to prove the same. Even the passport was not produced to show when he went back after the accident and rejoined the duty. Since his salary was Rs.37,100/- as per the exchange rate, atleast one month's salary ought have been awarded for the loss of actual earning. Tribunal awarded Rs.10,000/-. Therefore he is entitled to Rs.27,100/- more what is awarded by the tribunal over and above the decreed amount by the tribunal. We are of the opinion that no enhancement is required. Appeal was filed defectively. Even now also defects were not fully cured and appeal filed in 1998 was not posted for final hearing for non-curing of defects. In the above MFA.1277/1998 4 circumstances, we direct that appellant is entitled to interest on the above amount of Rs.27,100/- at the rate of 7.5% interest from today till its date of payment. Appeal is allowed to the above extent. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.1277 OF 1998 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 12th February, 2008