IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MFA.No. 463 of 2003(F) -------------------------------- OPMV.412/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: PETITIONER: ---------------------- PADMANABHAN, S/O. LATE KANDA AGED 51 YEARS, THEKKANAL HOUSE, POST KANIYARAM, MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENTS: RESPONDENTS: ------------------------- 1. P.K. BIJU, AGE NOT KNOWN, S/O KRISHNANKUTTY, RAINBOW ADVERTISERS, B. STREET, MANANTHAVADY. (DRIVER OF JEEP NO.KL-11A/5479, K.L. NO. NOT KNOWN.). * 2. P. RIYAS AGE NOT KNOWN, S/O. MUHAMMED, POCKEDERI HOUSE, VYTHIRI POST, WAYANAD. (OWNER OF JEEP NO.KL-11A/5479).(STRUCK OFF) 3. UNITED INDIA INSURANCE CO.LTD., KALPETTA (POLICY NO. NOT KNOWN). * THE NAME OF THE 2ND RESPONDENT IS STRUCK OFF FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DT. 9.4.2008 IN IA. 767/2008. ADV. SMT.D.GEETHA FOR R3 SRI.AGINOV MATHAPPAN FOR R3 SMT.K.SHERIN MOHAN FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A. No. 463 of 2003 --------------------------------------- Dated this the 16th day of July, 2008 Judgment Koshy,J. Appellant sustained injuries in a motor accident. Tribunal awarded an amount of Rs.52,386/- against a claim of Rupees Two lakhs and directed the third respondent insurance company of the offending vehicle to deposit the amount. The only dispute is regarding the quantum of compensation. Ext.A6 wound certificate shows that he had sustained fracture of left clavicle, fracture of C7 lamina and other injuries. He was treated as an inpatient for 22 days. Ext.A10 disability certificate shows that he has got 25% permanent disability. It says as follows: "The above mentioned patient was admitted in this hospital on 16.11.1995 following a RTA. He had cervical cord injury and (L) clavicle #. At present, he has the following Neurological problems: 1. Wasting of (L) deltoid muscle and restricted (L) shoulder movement due to these he has difficulty in self care, i.e., disability is 20%. 2. Significant restriction of neck movement disability 5%. M.F.A.No. 463/2003 2 So, his total permanent disability is 25% (Twenty five percent)." Ext.A8 MRI scan report reads as follows: "Disruption of the C6-C7 disc with mild posterior listhesis of C7. The posterior longitudinal ligament is backled, but, intact. The continuity of the dark line representing the ligamenta Flava at the C6-C7 level is lost. Abnormal high signal in the interspinous area on T2 images indicate injury of the interspinous ligament. The spinal cord is of normal morphology and signal character. The left C6 lamina and the left C6-C7 facets are fractured. Axial image shows obliteration of the left C6-C7 neural foramen by soft tissue and bone fragment. Coronal scans show normal Brachial Plesus trunks and divisions on both sides. Vertbrae and idscs at other levels are normal. CV junction is normal. Impression:- C6-C7 fracture dislocation. Rupture of ligamenta Flava, Rupture/Injury of interspinous ligaments. Fracture of left C6-C7 facets with probable left C7 root injury." The tribunal awarded no compensation for disability and loss of earning power on a multiplier method, but, on a rough and reasonable basis Rs.12,000/- was awarded. According to the M.F.A.No. 463/2003 3 claimant, that is too low an amount and tribunal ought to have awarded compensation on a scientific method. The claimant was aged 45 at the time of accident. Therefore, the apt multiplier is 13. The tribunal fixed monthly income of the claimant as Rs.2,500/-. The accident occurred on 16.11.1995. The tribunal might have fixed Rs.100/- per day as the income and he would have got work for at least 25 days in a month and Rs.2,500/- might have fixed as the monthly income. Further, in the absence of evidence, we are unable to enhance the monthly income assessed by the tribunal. With regard to the disability, even though the permanent disability was certified as 25%, considering the disabilities mentioned, we are of the view that only compensation for 10% disability would have awarded. If that is so, compensation payable for permanent disability and loss of earning power will be Rs.2,500 x 12 x 10 x 13 100 = 39,000/-. The tribunal awarded only Rs.15,000/- under the above head. Therefore, additional compensation payable under this head will be Rs.24,000/-. We are of the view that compensation granted under other heads are just and reasonable. In the above circumstances, we direct the third respondent insurance company to deposit the above additional compensation of Rs.24,000/- over and M.F.A.No. 463/2003 4 above the amount decreed by the tribunal with 7.5% interest from the date of application till its deposit. On deposit of the amount, the appellant is allowed to withdraw the same. J.B.Koshy Judge P.N.Ravindran Judge vaa M.F.A.No. 463/2003 5 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.F.A. No. 463 of 2003 ------------------------------------- Judgment Dated:16th July, 2008