IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 MFA.No. 1266 of 1995() ---------------------- OP(MV).NO. 1243/1992 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT(S): PETITIONER -------------- V.A. JACOB, S/O.REV. FR.V.O.ABRAHAM VAZHIYAMBALATHIL, PUTHENCAVE P.O., CHENGANNUR TALUK ALLEPPEY DISTRICT. BY ADV. M/S. RENNY STEPHEN, ASHA ELIZABETH MATHEW JEOBOY THOMAS RESPONDENT(S): RESPONDENTS --------------- 1. JEEBOY THOMAS, S/O.T.P.THOMAS, THYKOOTTATHIL, PURAMATTAM, MALLAPPALLY. 2. VARGHESE GEORGE ALIAS SAJ S/O.GEORGE, THANNOTHARAYIL, ALA, CHENGANNUR. 3. THE MANAGER, NATIONAL INSURANCE CO. LTD. BRANCH OFFICE, ALAPPUZHA. BY ADV. SRI.LAL GEORGE THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19.10.2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON ------------------------------- M.F.A.No. 1266 of 1995 ------------------------------- Dated this the 19th October, 2009 J U D G M E N T Ramachandra Menon, J. The appeal is for enhancement of the compensation awarded by the Tribunal, in respect of the injuries sustained by the claimant, in a Motor Accident occurred on 5.1.1999. 2. The claimant was riding his motor cycle, when another motor cycle came and hit against the vehicle ridden by the claimant, causing serious injuries, as discernible from Ext.A13 produced before the Tribunal. Because of the serious nature of the injuries, the claimant had to be hospitalised for four spells in different hospitals; initially from 5.1.1991 till 17.1.1991 in the Medical College Hospital, Kottayam, as borne by Ext.A1 discharge certificate; thereafter from 17.1.1991 to 20.2.1991 in St.Andrew's Mission Hospital, as revealed from M.F.A.No.1266 of 1995 2 Ext.A2 discharge summary; for some other periods in the Muthoot Medical Centre, Kozhencherry, for physiotherapy treatment undertaken; and also in some Ayurvedic Hospitals, as revealed by Ext.A4. The injuries sustained by the claimant as above were sought to be compensated by filing the claim petition before the Tribunal, attributing negligence on the rider of the other motor cycle. 3. The claimant was stated as working as a Lecturer in a Parallel College and with a monthly income of Rs.2500/=, as revealed from Ext.A8. However, observing that the authority who issued the said certificate was not examined, the Tribunal chose to reckon only Rs.750/= as the monthly income of the claimant, and awarded a sum of Rs.2,250/= towards the loss of earning for three months; a sum of Rs.1000/= towards transport expenses; a sum of Rs.750/= towards extra nourishment; Rs.150/= towards damaged clothing; a sum of Rs.5000/= towards medical expenses M.F.A.No.1266 of 1995 3 including the amount paid to the bystander; a sum of Rs.8000/= towards pain and suffering and a further sum of Rs.20,000/= in respect of 24.91% permanent disability and as compensation for loss of amenities and enjoyment in life, thus, granting a total sum of Rs.37,150/=, which was directed to be satisfied by the Insurer with interest at the rate of 12% per annum. The case of the appellant is that the amount awarded by the Tribunal under different heads are abysmally low and hence sought to be enhanced. 4. The learned counsel appearing for the Insurance Company submits that the accident admittedly happened in the year 1991 and that the amounts have been awarded by the Tribunal, taking note of the norms and standards as then prevailed. It is also pointed out before this Court that no reliable evidence was produced before the Tribunal to substantiate the occupation and income. Similarly, some of the documents to substantiate the alleged treatment expenses and also regarding M.F.A.No.1266 of 1995 4 the disability have not been properly proved and in such circumstances, the Tribunal is perfectly justified in fixing the quantum, and it does not call for any interference. 5. Going by the peculiar facts and circumstances, particularly, when the respondents did not adduce any evidence, we find that the monthly income fixed by the Tribunal in respect of the claimant, who was working as a Lecturer in a Parallel College at Rs.750/= is very much on the lower side and it has necessarily to be re-fixed as Rs.1500/=. 6. Taking note of the fact that the claimant had undergone treatment in various hospitals at different points of time and also considering the fact that the injuries sustained by the claimant were very much serious, including fracture of different bones, dislocation/injury to the hip, and also comminuted fracture of patella (left), we find that the loss of earning for six months ought to have been awarded by the M.F.A.No.1266 of 1995 5 Tribunal. Accordingly, we fix the loss of earning at Rs.9000/= and after giving credit to the amount of Rs.2,250/= awarded by the Tribunal, the claimant will be entitled to Rs.6,750/= under this head. 7. With regard to the treatment availed by the claimant, it is true that the claimant would not have incurred any expenses with regard to the first spell of treatment availed in the Medical College Hospital, Kottayam. But it also cannot be ignored that some medicines would have been purchased from outside as well. It is also relevant to note that the Tribunal did not pay any heed to the medical bills, produced from the part of the claimant, in respect of the treatment availed in St.Andrew's Mission Hospital, for the reason that said bills did not bear the signature and seal of the authorities concerned. Similarly, a sum of Rs.9600/= sought for in respect of the Ayurvedic treatment, as borne by Ext.A4, has been ignored by the Tribunal, stating that the person who issued the certificate has not been examined. M.F.A.No.1266 of 1995 6 Considering the totality of circumstances, we find that the sum of Rs.5000/- awarded by the Tribunal is too low, and the claimant is entitled to get a further sum of Rs.5000/= under this head, which is accordingly granted. 8. As pointed out earlier, the nature and extent of injuries sustained by the claimant are very much discernible from Ext.A13 wound certificate, which has been discussed by the Tribunal in paragraphs 9 and 10 of the impugned Award. The said injuries include compound fracture to left knee, comminuted fracture of patella and lower end of femur, post dislocation of left knee and hip , fracture of pubic ramus on left side and medical collateral ligament rupture to the left knee, with such other injuries. 9. Taking note of the fact that there was a permanent disability of 24.91%, as borne by Ext.A14 certificate issued by the concerned Doctor attached to the Medical College M.F.A.No.1266 of 1995 7 Hospital, Kottayam, and also in view of the fact that there was no case for the respondents, at any point of time, that the nature of injuries borne out by the records as well as the extent of disability certified by the concerned Doctor of the Medical College Hospital were not correct, manipulated or fabricated in any manner; we cannot ignore the above documents, merely for non- examination of the concerned Doctor. We find that the compensation of Rs.8000/= awarded by the Tribunal towards 'pain and suffering' is on the lower side and we hereby enhance the same to Rs.15,000/-, whereby a balance sum of Rs.7000/- is liable to be paid to the claimant under this head. 10. With regard to the extent of permanent disability and loss of amenities, the Tribunal has awarded only a consolidated amount of Rs.20,000/=. Since the claimant was aged about 24 years at the time of the accident, the proper multiplier is 17. However, since the accident had arisen in the year 1991, i.e., much prior to the introduction of the II schedule M.F.A.No.1266 of 1995 8 with effect from 14.11.1994, we hereby reckon the appropriate multiplier as '15'. On re-computing the amount payable towards permanent disability and loss of amenities, the total compensation payable under this head will come to Rs.67,500/- (1500 x 12 x 25/100 x 15). Since the Tribunal has awarded only Rs.20,000/= under this head, the claimant will be entitled to get a balance sum of Rs.47,500/- under this head. 11. In view of the fact that we have already granted sufficient amount under various heads in respect of the accident occurred on 5.1.1991 and also taking note of the fact that the Tribunal has awarded interest 12% per annum, we confine the interest payable, in respect of the balance additional compensation of Rs.1,03,250/- which we have granted on this day, at the rate of 7% from today, till the payment is effected. Since the matter is of the year 1991, we direct the Insurance Company to effect the payment within one month from the date of receipt of a copy of this judgment. M.F.A.No.1266 of 1995 9 The appeal is allowed to the above extent. No cost. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj. P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ. ------------------------------- M.F.A. 1266 OF 1995 J U D G M E N T Dated: 19th October, 2009. -------------------------------