IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MACA.No. 1422 of 2004(B) --------------------------------- OPMV.663/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER : ------------------------------- KALADHARAN, S/O.APPU, CHEENIKKAL KALAM, NELLIYAMPARAMBU, P.O.MATHUR, ALATHUR TALUK, PALAKKAD. BY ADV. SRI.C.RAGHAVAN RESPONDENTS/RESPONDENTS : --------------------------------------- 1. RASHEED, S/O.SEYD MUHAMMED, CHANTHAPURA, P.O.KUZHALMANNAM, ALATHUR TALUK. 2. NATIONAL INSURANCE CO.LTD., PANDIKKADE ROAD, MANCHERY. 3. M.P.KUNHIMUHAMMED, MALAPARAMBIL VEEDU, OZHOOR, THIROOR TALUK, MALAPPURAM DISTRICT. ADV. SRI.MATHEWS JACOB (SR.) - R2 SRI.P.JACOB MATHEW - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------------------------------- M.A. C.A No. 1422 of 2004 ----------------------------------- Dated this the 5th day of November, 2008 J U D G M E N T J.B.KOSHY,J . Appellant/petitioner sustained injuries in a road accident on 13/03/1996. Tribunal found that the accident occurred due to the negligence of the first respondent driver of the autorikshaw, owned by 3rd respondent and insured by 2nd respondent. However against a claim of compensation of Rs.1,83,000/-, amount awarded was only Rs.1,18,750/-. Only dispute is regarding the quantum of compensation. 2. Concerning the injuries, in para 14 of the award tribunal observed as follows: “Exhibit A5 is the copy of the wound certificate issued to the petitioner from Dt. Hospital, Palakkad. The injuries note in Exhibit A5 document are: Fracture femur right: Lacerated injury front of thigh; M.A. C.A No. 1422 /2004 2 5cmx1cmxmuscle deep lacerated injury on right patella 3cm x2mx cartilage deep. He was referred to the Medical college hospital, Trichur. Ext. A9 series are the discharge summary issued to the petitioner from the West Fort Hospital, Trichur. Ext. A9, document reveals that the petitioner was treated as an inpatient at the west Fort hospital, Thrissur on 4 occasions i.e from 13/03/1996 to 4/04/1996; 8/5/96; 8/5/1996 to 13/05/1996; from 7/08/1996 to 10/08/1996; and from 22/01/1997 to 19/02/1997. In the discharge summary it is noted that the petitioner sustained Grade II compound comminuted intercondylar fracture, right femur comminuted tibial condylar fracture right. Altogether he was treated as an inpatient at the West Fort Hospital for 59 days. ” 3. Even though medical board certified that in view of compound comminuted Intercondylar fracture, right femur and comminuted tibial condylar fracture he has got a permanent disability M.A. C.A No. 1422 /2004 3 of 20%, due to partial ankylosis of right hip and knee joints and shortening of right lower limb, tribunal fixed only 15% as the disability. We are of the opinion that there is no reason to disbelieve the medical board's certificate. 4. According to the claimant, he was a business man and doing agriculture and earning Rs.3,000/- per month. Tribunal fixed his notional income at Rs.1,500/-. Even if he is getting Rs.100/- per day, he will get Rs.2,500/- per month. Therefore, we are of the opinion that Rs.2,500/- ought to have been taken as the monthly income. At the time of the accident he was aged 43 years. Therefore, as per second schedule, tribunal adopted multiplier as 15. We see no reason to enhance the same. If it is so, compensation payable for 20% disability will be Rs.90,000/-(2500x12x20/100x15). Tribunal awarded only Rs.40,500/-. Thus additional compensation payable will be Rs.49,500/-. It is contended that he was hospitalised on four occasions for about 59 days. He produced bills for Rs.62,586/-. Tribunal awarded only Rs.38,000/- for medical expenses after considering the bill. Learned counsel submitted that in view of the long hospitalisation, incidental M.A. C.A No. 1422 /2004 4 expenses are not covered by the bills. Therefore we award Rs.500/- more for incidental expenses. Even though it is argued that amount awarded under all other heads are very low, we are not enhancing the same. Thus, the additional compensation payable will be Rs.50,000/-. The additional amount of Rs.50,000/- should be deposited by the second respondent -Insurance Company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the above amount, appellant is allowed to withdraw the same. Appeal is partly allowed. J.B.KOSHY,JUDGE THOMAS P. JOSEPH, JUDGE scm