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. 1092 of 2000() --------------------------------- OPMV.277/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: PETITIONER ------------------ GEORGE ALIAS VAKKACHA, S/O.SACHARIYAS, RESIDING AT POOVAKULATH HOUSE, ANIKKAD P.O., KOTTAYAM BY ADV. SRI.V.CHITAMBARESH (SR.) RESPONDENTS: RESPONDENTS ----------------------- 1. S.KANAKA SABAI, S/O. SWAMI DORAI, RESIDING AT THONDAMKURICHI DESOM, THITTAKUTTI TALUK, ARCOT DISTRICT, TAMIL NADU. 3, THE UNITED INDIA INSURANCE COMPANY LIMITED, 280, MAIN ROAD, FIRST FLOOR, METTUPALAYAM, TAMIL NADU. BY ADV. SRI.V.P.K.PANICKER SRI.MATHEWS JACOB (SR) , SC 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,J J. ====================================== MFA No. 1092 of 2000 ====================================== Dated this the 16th day of July 2008 JUDGMENT Koshy, J. The appellant/claimant sustained injuries in a motor accident. As a result of the accident he sustained head injury and frontal lob was damaged. The disability certificate shows that as a result of the injury, there is loss of memory and frequent epileptic attack and discharge from sinus. The Tribunal has seen the the claimant and assessed 20% disability. Eventhough the claim petition was filed in 1994, no evidence was produced to show that the appellant has suffered epileptic disease after filing of the petition. In these circumstances we are of the opinion that 20% disability assessed by the Tribunal needs no enhancement, eventhough the doctor certified that he may not be fit to do a work which requires mental alertness. According to him, he was a rain guard maker for rubber trees employed in Anjani Plastic Centre. Tribunal has taken 13 as multiplier considering his age and taking 2nd schedule as guidelines. He was a rubber board MFA 1092/2000 2 manufacturer. He produced a salary certificate of Rs.1,300/-. The Tribunal only accepted Rs.1250/- as the monthly income. We are of the opinion that the Tribunal went wrong in not accepting the salary certificate. Hence the compensation payable for permanent disability and loss of earning power will be at Rs.40,560/- (1300X12X20/100X13). The Tribunal has granted only an amount of Rs.39,000/- for disability and loss of earning power. Therefore the claimant will be entitled to Rs.1560/- more on that ground. The Tribunal has granted Rs.15,660/- for medical expenses. He was an inpatient for 68 days. The Tribunal has only reimbursed the amount covered by actual medical bills. There will be many expenses incurred which are not covered by the bills during the inpatient treatment for 68 days. We are of the opinion that Rs.5,000/- more should be awarded for medical and incidental expenses. Tribunal has granted just and reasonable comepnsation under other heads. Therefore the additional amount of Rs.6,560/- also should be deposited by the third respondent, over and above, the amount decreed by the MFA 1092/2000 3 Tribunal with 7.5% interest from the date of application till deposit. The appeal is partly allowed as above. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE css/ MFA 1092/2000 4 J.B.KOSHY,J. & P.N.RAVINDRAN, J. MFA No.1092/2000 JUDGMENT 16.07.2008