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 17TH JUNE 2008 / 27TH JYAISHTA 1930 MFA.No. 135 of 2003() ------------------------------ OPMV.640/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT: PETITIONER IN O.P.(MV) NO.640/97. --------------------------------------------------------------------- KARAI NANU, S/O. KUNHIRAMAN, KARIKADAVAYAL HOUSE, KUTHUPARAMBA AMSOM, NARAVOOR DESOM, P..O. KUTHUPARAMBA. BY ADV. SRI.P.K.VIJAYAN RESPONDENTS: RESPONDENTS IN O.P.(MV) NO.640/97: ------------------------------------------------------------------------------- 1. A. JAFFER ALI, 4/481, THITTUMMAL HOUSE, NELLIPUZHA, MANNARKADU. 2. P.K. SURENDRAN, S/O. KUTTAI, PUZHAKKAL HOUSE, VALAD TOWN, MANANTHAVADY. 3. UNITED INDIA INSURANCE CO. LTD., TRICHUR. BY ADV. SMT.P.K.SANTHAMMA - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.F.A.No.135 of 2003 ===================== Dated this the 17th day of June, 2008. JUDGMENT Koshy,J. The appellant sustained injuries in a motor accident on 5.9.1996. He claimed a compensation of Rs.1,50,000/-. The total amount including the medical expenses awarded by the Tribunal was only Rs.38,850/- and directed the third respondent - Insurance Company to deposit the amount. The only dispute is regarding the quantum of compensation. With regard to the injuries sustained, the Tribunal considered the medical certificate and evidence and held as follows: "Ext.A3, wound certificate, shows that there was abrasions, tenderness and complaint of pain back of chest. Ext.A4, admission-discharge certificate, would indicate that there was fracture trochanter left and fracture of ribs 8th, 9th, 10th and 14th. He was in the hospital for 26 days for treatment. Ext.A5 is a discharge slip, which does not MFA 135/03 -: 2 :- indicate any further particulars. Ext.A6 is a prescription and Ext.A7 is a disability certificate issued by PW2, Dr.Thomas. 10. PW2 Dr.Thomas, testified that when he examined PW1 for the purpose of issuing the disability certificate, it was found that the clavicle was mal-united, varus deformity left hip and difficulty in squatting and lifting heavy objects. He is unable to engage in activity in the Bakery as he was doing it earlier. The Surgeon has assessed the permanent disability as 18%. The Cross-examination of this witness would show that the medical records including the case-sheet, Ext.X1, will not indicate that there was mal-union of the clavicle. the other deformity testified by PW2 also does not find a place in the medical records. From Ext.X1, case-sheet, it is seen that the fracture of the ribs were united." 2. Therefore, the Tribunal did not accept the disability certificate, but for the discomfort, loss of amenities and enjoyment of life suffered, the Tribunal has awarded Rs.10,000/- as compensation. It is the admitted case that he had suffered fracture of trochanter left and fracture of ribs 8th, 9th, 10th and 14th. He was in the hospital for 26 days for treatment. Even though the permanent disability as 18% may not be accepted, MFA 135/03 -: 3 :- the Tribunal ought to have assessed the permanent disability considering the injuries suffered by the appellant that he was unable to do the manual work as he was doing it earlier, we are of the opinion that the Tribunal ought to have awarded additional amount of Rs.10,000/- considering the disability. We are of the opinion that no further enhancement is necessary for other heads. 3. The Additional amount of Rs.10,000/- 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, the appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 20/6