IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 MFA.No. 1203 of 2002(E) ---------------------------------- OPMV.148/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM ........................................ APPELLANT/PETITIONER IN THE CLAIMS TRIBUNAL ------------------------------------------------------------------------- K.RAJEEV, S/O.K.RAJA RAM, KUDIYIRIKKAL HOUSE, POST.ELUMBLASSERI, NELLAYA, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SMT.PREETHY KARUNAKARAN SRI.R.RAJESH KORMATH SRI.ANISH S.AMBADY SMT.BIJIMOL JOSE RESPONDENTS/RESPONDENTS IN THE CLAIMS TRIBUNAL ----------------------------------------------------------------------------------- 1. M.UNNIKRISHNAN, S/O.KRISHNAN, THALITHODI VEEDU, CHARAKKA PARAMBU, ANGADIPPURAM, PERINTHALMANNA, MALAPPURAM DISTRICRT. 2. JANARDANAN K.P/., S/O.APPUNNI, KOLOTHUPARAMBIL VEEDU, MANGATTIRI, TIRUR, MALAPPURAM DISTRICT. 3. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, R.S.PURAM, COIMBATORE-1. 4. SUBAIR, S/O.ENGALUKUTTY, ORUVANGARA VEEDU, MEDICAL COLLEGE P.O., KOZHIKODE DISTRICT. 5. K.RAMAKRISHNAN, KAPPATH KUZHIYIL HOUSE, VAZHIKKADAV P.O., MALAPPURAM DISTRICT. M.F.A NO. 1203/2002 E 6. UNITED INDIA INSURANCE COMPANY LTD, BRANCH OFFICE, R.S.PURAM, COIMBATORE-2. R1 BY ADV. SRI.SANTHEEP ANKARATH R6 BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.1203 OF 2002 ------------------------------------- Dated 25th March, 2008 JUDGMENT Koshy,J . Appellant, a driver by profession, sustained serious injuries in a motor accident when a bus insured by the third respondent insurance company hit him. Tribunal found that the accident occurred due to the negligence of the driver of the bus insured by the third respondent insurance company. Against a claim of compensation of Rs.3,50,000/= only Rs.1,41,500/= was awarded with interest and cost. The only dispute is regarding the quantum of compensation. Appellant was a driver by profession. According to him, he was getting Rs.2,500/= per month. The accident occurred in 1996. We are of the opinion that, being a driver, at least Rs.2,000/= can be fixed as the monthly income. Doctor certified 25% disability. Doctor was also examined. There was fracture to right humerus and fracture to mandible etc. Doctor assessed 25% disability. Disability certificate reads as follows: “1) Ugly, irregular and contracted scar over the front of right shoulder 16 x 15 cm in size; 2) Wasting of the right shoulder with loss of part of the deltoid and triceps muscles with loss of normal of the shoulder; MFA.1203/2002 2 3) Mal united fracture of the right humerus upper third, middle third junction with 20o outward bowing at the fracture site confirmed X-ray examination, 4) Due to malunion and bowing there is 1.5mm cum shortening of the arm segment; 5) Wasting of the right arm 1cm due to loss of muscles and disuse atrophy. 6) Injury to the chest causing chest pain on exertion; 7) Due to malunited fracture mandible (Bilateral subcondylar fracture) causing mandibular mal occlusion affecting his chewing ability severally, 8) Movements of the right shoulder; a) Loss of abduction only 70o possible (Normal 180o) b) Flextion 80o (Normal 140o). c) Extension 70o (Normal 140o). d) Rotation Internal – 45o External - 50o e) Circumduction : Not possible fully; 9) Weakness of the right upper limb due to loss of power of the rotator with muscles, contracture of the skin and soft tissue around the shoulder; 10) Shoulder is stiff and painful due to periarthritis (Contracture and adherent capsule and soft tissues.” MFA.1203/2002 3 He was treated as inpatient for 23 days. Even though Tribunal accepted the disability certificate, Tribunal did not calculate compensation on a multiplier method. Tribunal also assessed monthly income as Rs.2,000/=. Since he was aged 22, as per the second schedule 17 is the apt multiplier. Therefore, compensation payable for disability will be Rs.1,02,000/= (2,000 x 12 x 25 x 17). 100 Tribunal awarded Rs.50,000/= for disability. Thus, the appellant will be entitled to an additional amount of Rs.52,000/= on this head. We are of the view that just and reasonable compensation was awarded under other heads. The additional amount of Rs.52,000/= should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit, over and above the amount decreed by the Tribunal. On deposit of the amount, appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE K.HEMA JUDGE tks