IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 M.A.C.A.No.828 of 2004 (B) -------------------------------- OP(MV).1144/1996 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA. .................... APPELLANT/PETITIONER ------------------------------ RAPHY A.A., S/O.ANTONY, AINIKKAL HOUSE, PUDUKAD P.O., THRISSUR DISTRICT. BY ADV. SRI.MATHEWS K.PHILIP RESPONDENTS/RESPONDENTS ----------------------------------- 1. SHAJU C.R., S/O.RAPPAI, CHETHALAN HOUSE, MANNAMPETTA P.O., VARAKKARA, THRISSUR DISTRICT. 2. RAJAN V.V., S/O.VELAPPAN, VENGASSERY HOUSE, H.NO. 145/I, ALAGAPPANAGAR P.O., THRISSUR DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, IRINJALAKUDA BRANCH. BY ADV. SRI.P.M.M.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A No.828 of 2004 ------------------------------------------------ Dated this the 5th day of August, 2008 JUDGMENT J. B. Koshy, J Appellant sustained injuries in a motor accident. He filed application for compensation claiming an amount of Rs.1,17,000/-. Tribunal awarded only an amount of Rs.45,000/- with 9% interest and directed the third respondent/ Insurance Company to deposit the amount. Only dispute is regarding the quantum of compensation. Ext.A2 wound certificate and discharge summary show the following injuries sustained by the appellant:- “1) Compound comminuted fracture 2nd meta tarsal right. 2) Lacerated wound right foot, dorsally. 3)Crush injury right foot. 4) Fracture 3rd meta tarsal.” He was treated in West Fort Hospital, Thrissur. He was an inpatient for more than one month. Doctor certified 8% disability and M. A. C. A No.828 of 2004 -2- also noted that he has got pain and inability to walk in rough grounds. The Tribunal did not rely on it because the Doctor was not examined. Proceedings before the Tribunal is a summary proceedings and unless the genuineness of the medical certificate is disputed, the Tribunal cannot ignore the same merely because Doctor was not examined especially when Tribunal from the treatment record found that he was an inpatient for more than one month and 'K' wire fixation and skin grafting were done and Tribunal also found that even at the time of examination “scar marks are visible on the foot”. Then it is also found that “the dorsum of right foot presents an ugly appearance”. However, as noticed by the Tribunal he was a Manager in a tile factory. His income was not reduced. Hence, compensation cannot be granted on a multiplier method as compensation granted is only to M. A. C. A No.828 of 2004 -3- offset the damages caused to the claimant. But he has to carry on with the difficulty throughout his life. Even on retirement he has to suffer. Therefore, we are of the opinion that an amount of Rs.7,500/- should be granted for permanent disability and consequential expenses. The above amount should be deposited by the third respondent/Insurance Company over and above the amount decreed by the Tribunal with 7.5% interest from the date of application till its deposit. On deposit of the same the appellant is allowed to withdraw the same. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-