IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 MFA.No. 1265 of 2002(A) ----------------------- OPMV.431/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT/PETITIONER: ----------------------------- C.S. VINOD, CHEERAKUZHIYIL HOUSE, VYTTILA POST, ERNAKULAM. BY ADV. SRI.T.K.KOSHY SRI.CEASAR V.PILLA RESPONDENTS/RESPONDENTS: ------------------------------------- 1. P.S. CHANDRANKUTTY, S/O. SUKUMARAN NAIR, PURAYIDATHIL MEMURIYIL HOUSE, KUMBAZHA POST, PATHANAMTHITTA. 2. RAMAKRISHNAN NAIR, S/O. VASUDEVAN NAIR, PARAPPELLIL HOUSE, KUMBAZHA POST, PATHANAMTHITTA. 3. THE NEW INDIA ASSURANCE CO.LTD., PATHANAMTHITTA. R3 BY ADV. SRI.N.S.MOHAMMED USMAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.1265 OF 2002 () ----------------------------------- Dated this the 17th day of January, 2008 J U D G M E N T KOSHY,J. Petitioner at the age of 23 met with an accident by which he suffered serious injuries. Against a claim of compensation of Rs.1,75,000/-, tribunal granted only Rs.61000/-. Quantum of compensation alone is disputed in this appeal. 2. He was first treated in General Hospital, Pathanamthitta and thereafter to Pushpagiri Hospital, Thiruvalla. Ext.A3 would certificate shows the following injuries: 1. Profused bleeding from nose. 2. Right incissor tooth is missing with bleeding from the gum. 3. Lacerated wound 2 x 2' over medial aspect of right supra orbital ridge, fracure of fronal bone. MFA.1265/2002 2 4. Lacerated wond 2 x 2 cms on right side of lower lip – avulsion of the lip. 5. Abrasion 3 x 3 cms over left knee. X-ray showed depressed fracture frontal bone. There is evidence that he was treated at Pushpagiri Hospital, Thiruvalla as inpatient for 12 days.” He was further treated at Krishna Nursing Home, Ernakulam and thereafter to Medical Centre, Ernakulam. The medical bills produced for treatment was Rs.10,136/-. Tribunal awarded Rs.11,000/- towards treatment and other expenses. But he was taken from General Hospital, Pathanamthitta to Pushpagiri Hospital, Thiruvalla then to Ernakulam. Even though he did not produce all medical bills, treatment documents were produced to show that he was treated in these hospitals. In the above circumstances, Rs.7,500/- more ought have been awarded for treatment and incidental expenses. ExtA6 shows that he has subarachnoid haemorrhage and cerebral oedema. Depressed fracture of frontal bone is also noted in Ext.A7. Ext.A7 is issued by the Krishna Nursing Home, Ernakulam. It shows that he underwent treatment operation in that hospital on 19.7.1995. He was discharged on 20.7.1995. He was given MFA.1265/2002 3 myringotomy under local anaesthesia. Ext.A8 is the certificate issued by Dr.Sreekumar, Facio Maxillary Surgeon attached to the Ernakulam Medical Centre. Considering the treatment and surgeries, Ext.A9 is the certificate from the Lissie Hospital, Ernakulam showing that he had undergone audiometry test and his hearing power was also affected. For the loss of amenities and loss of earning power, only Rs.12,000/- was awarded. We are of the opinion that another Rs.8,000/- should be awarded on that ground. Thus additional amount of Rs.15,500/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit. With the above observations this appeal is partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.1265 OF 2002 (A) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 17th January, 2008