IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 MFA.No. 1358 of 2000() -------------------------------- OPMV.470/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT: PETITIONER ------------------- K.PRABHAKARAN, S/O. KANDAN, CHARMAM NIKARATHIL, AROOR PANCHAYATH 2, AROOR P.O., CHERTHALA TALUK. (DIED). *ADDL. APPELLANTS ARE IMPLEADED. 2. C.S.VALLIAMMA, AGED 56 YEARS, W/O. LATE PRABHAKARAN, CHARMAM NIKARTHI HOUSE, AROOR P.O., CHERTHALA TALUK. 3. KOCHUPENNU, AGED 92 YEARS, W/O. LATE KANDAN, CHARMAM NIKARTHIL HOUSE , AROOR P.O., CHERTHALA TALUK. 3. SREERAJ C.P. (MINOR), AGED 13 YEARS, S/O. LATE PRABHAKARAN, REP. BY HIS MOTHER, THE IST PETITIONER, C.S.VALLIAMMA. *L.R.S OF THE DECEASED APPELLANT ARE IMPLEADED AS ADDL. APPELLANTS 2 TO 4 VIDE ORDER DT. 10.4.08 ON IA. 1006/08. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON M.F.A. NO.1358/2000 RESPONDENTS: ----------------------- 1. SREEKUMAR, S/O. VENUNATHAN, PRANAMAM VEEDU, HOUSE NO.17, GIRINAGAR COLONY, KADAVANTARA, ERNAKULAM. 2. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, EDAPPALLY, ERNAKULAM. BY ADV. SRI.P.V.JYOTHI PRASAD THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.F.A.NO.1358 OF 2000-D ---------------------------------------------------- Dated this the 27th day of May, 2008. JUDGMENT Koshy, J: The appellant/claimant sustained injuries in a motor accident. He approached the Motor Accidents Claims Tribunal, Alappuzha, for compensation claiming an amount of Rs.3,50,000/=. The Tribunal though found that the accident occurred due to the negligence of the driver of the vehicle insured by the 2nd respondent insurance company, only Rs.1,20,000/= was awarded as compensation. During the pendency of the appeal, the appellant died and his legal representatives were impleaded. The only point to be considered in this appeal is whether the compensation granted is correct or not. According to the appellant, he was getting Rs.3,000/= per month and underwent two months' treatment in the hospital and another two months' treatment in the outpatient department. The Tribunal granted Rs.20,000/= towards compensation for pain and suffering, Rs.55,000/= towards medical and other expenses and Rs.12,000/= was awarded for compensation for loss of earnings. The only dispute is regarding compensation granted for permanent M.F.A.NO.1358/2000 . 2 disability, loss of earning power and consequential loss of amenities. As far as the injuries are concerned, the Tribunal found the following injuries. Ext.A6 is the copy of accident register cum wound certificate issued from Ernakulam Medical Centre, showing that Pw1 aged 48 years was admitted in that hospital on 12.1.1998 and at that time he had “abrasion on ( R) parietal region, (L) knee laceration on left leg. Type II open fracture left tibia wound debridement, external fixation and skin grafting done. Tender 7 tooth extracted, x-ray shows fracture left tibia”. Ext.A7 is the discharge card showing that he was discharged on 26..1.98. Ext.A8 is the another discharge card showing that he was again admitted in that hospital on 26.2.98 and was discharged on 28.2.98. Ext.A9 is another discharge card showing that he was again admitted in that hospital on 15.3.98 and was discharged on 22.4.98. Ext.A10 is the treatment certificate issued from that hospital. Ext.A13 is the disability certificate dated 19..1.2000 issued by the Medical Board, MCH, Alappuzha. The relevant portion of Ext.A13 reads:- malunited fracture both bones left leg in its lower 3rd with about 150 anterolateral angulation. Shortening of left leg- 1cm, Range of movement left knee 1 to 1200 Wasting of left calf 2cms. X-ray shows malunion of fracture. Disability estimated as 9%.” 2. It is true that the Tribunal awarded Rs.40,000/= without any scientific calculation. Even then, the amount calculated for 9% disability is Rs.42,120/= (3000x12x13x9/100). Rs.40,000/= M.F.A.NO.1358/2000 . 3 was granted as compensation. The additional amount is Rs.2,120/=. But going through the wound certificate, we see that the appellant's 7 teeth were extracted. We are also of the view that for loss of amenities, compensation ought to have been granted separately. Even though it was argeued that the accident occurred on 12.1.1998 at the age of 48 years, he died on 30..11.2006 at the age of 56 years and the accident has got an impact on his total life. But there is no evidence to show any connection with the accident, injury and death, even though it must have some psychological impact on him. In the above circumstances, apart from the additional amount of Rs.2,120/= Rs.7,500/= is allowed for loss and amenities and shortened expectation of life. Thus additional amount payable is Rs.9,620/=. The above amount should be deposited by the 2nd respondent insurance company with 7.5% interest from the date of application till the deposit. On deposit of the above amount, the 2nd additional appellant, the wife of the original claimant is allowed to withdraw the same. J.B. KOSHY, JUDGE P.N. RAVINDRAN, JUDGE. M.F.A.NO.1358/2000 . 4 J.B. KOSHY & P.N. RAVINDRAN, JJ. M.F.A.NO.1358 OF 2000-D JUDGMENT 27th day of May, 2008. M.F.A.NO.1358/2000 . 5