IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 MACA.No. 282 of 2003() -------------------------------- OPMV.979/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER ------------------------------------- T.DAMODARAN, S/O.P.P.AMBU, 41 YEARS, RESIDING AT THUTATHIL HOUSE, VELLUR, P.O.VELLUR, (VIA) PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. V.J.SEBASTIAN, IMPERIAL MOTOR SERVICE, FATHER'S NAME NOT KNOWN, ALAKODE, P.O.ALAKODE, KANNUR DISTRICT. 2. VADAKKEDATH JAYAKUMAR, S/O.PRABHAKARAN, 44 YEARS, THADIKKADAVU AMSOM DESOM, P.O.THADIKKADAVU, KANNUR DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD., THALASSERRY. BY ADV. SRI.P.MURALEEDHARAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.A.C.A.NO.282 OF 2003-D ---------------------------------------------------- Dated this the 16th day of June, 2008. JUDGMENT Koshy, J: The appellant/claimant sustained injuries in a motor accident on 15.1.1996. Against a claim of Rs.Six lakhs, the Tribunal has awarded only an amount of Rs.1,57,200/=. The only dispute is regarding the quantum of compensation. Hence, we are considering that question only in this appeal. Ext.A2 is the wound certificate issued from the City Hospital, Research and Diagnostic Centre, Mangalore. Ext.A3 series are the discharge certificates. His first admission was on 14.1.1997 for 90 days. Thereafter he was again admitted for 4 days . The discharge certificate would reveal that at the time of admission there was compound segmental fracture left leg, undisplayed closed fracture right leg, laceration over scalp, right forearm and fracture of 2nd and 3rd ribs, and fracture of left clavicle. Internal fixation application was done and cast applied. I.C tube was inserted under general anesthesia. The 2nd admission show that he had to be admitted for the non-union of left tibia. Ilizaro ring fixation was done under general MACA.282/2003 . 2 anesthesia on 19.1.1997. The tribunal sent the appellant for medical examination and the disability assessed by the medical board was 25%. According to the claimant, he was getting more than Rs.3,000/= per month. He was maintaining a family. We are of the view that at least Rs.2,000/= ought to have been fixed by the Tribunal as monthly income taking Rs.80 to 100 as his daily income. According to the claimant, as per the 2nd schedule 18 is the apt multiplier. The Tribunal has taken 17 as the multiplier. The claimant has completed the age of 35 at the time of accident. 25% disability was certified by the medical board. One of the members of the medical board was examined to prove the medical certificate. He testified that there was restriction of abduction left shoulder, shortening of 1” of left lower leg segment with angulation of shaft of tibia and fibula and there was loss of soft tissues. There was ankylosis of left ankle joint. There was sensory impairment of lateral half of left lower limb. According to the claimant, because of the disability, he is unable to do daily labour work. We are of the view that compensation ought to have been calculated at least for 25% disability as certified by the medical board. Here, the apt multiplier is 16. Therefore, the compensation MACA.282/2003 . 3 payable will be Rs.96,000/= (2000x12x25/100x16). The Tribunal has awarded on Rs.30,600/=. Therefore, the additional compensation payable will be Rs.65,400/=. The Tribunal found that the claimant could not have worked for six months because of the injuries and for loss of earnings Rs.7,500/= was granted. Since his monthly income aggragate was raised from Rs.1,250/= to Rs.2,000/=, he is entitled to get Rs.4,500/= more for actual loss of earnings. The entire medical bill claimed by the claimant was reimbursed. So, no further amount is payable for medical expenses. The additional amount payable will be Rs.69,900/=. The above amount should be paid by the insurance company with 7.5% interest from the date of application till the deposit over and above the decreed amount. On deposit of the amount, the appellant is allowed to withdraw the same. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl MACA.282/2003 . 4 J.B. KOSHY & P.N. RAVINDRAN, JJ. M.A.C.A.NO.282 OF 2003-D JUDGMENT 16th day of June, 2008. MACA.282/2003 . 5