IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 MFA.No. 1642 of 1998(A) ----------------------- OPMV.113/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: ----------- SAJAN,S/O.ANTO,CHEMMAYATHU HOUSE, KODIKULAM KARA, KODIKULAM VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.K.LAKSHMINARAYANAN SMT.SATHYA SHREEPRIYA RESPONDENTS/RESPONDENTS: ------------- 1.RAGHUNATHAN NAIR,S/O.DAMODARAN NAIR, KONATTU HOUSE, THODUPUZHA. 2.GOPI,S/O.KESAVAN,PULIMATTEL HOUSE, CHENNAMKODU, KODIKULAM, THODUPUZHA. 3.THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., THODUPUZHA. R3 BY ADV. SRI.MATHEWS JACOB (SR.) THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.1642 OF 1998 (A) ----------------------------------- Dated this the 8th day of April, 2008 J U D G M E N T KOSHY,J. Appellant claimant sustained serious injuries in an accident due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. Only quantum of compensation is disputed in this appeal. 2. As a result of the accident, he sustained injuries on the forehead on the left side and his frontal bone was removed. He also lost his eye sight on the left side. PW4 is the Doctor who examined him . He was working in the Ophtalmology Department in the Medical Mission Hospital, Kolencherry. He deposed that the claimant had a compound fracture of the frontal bone. He had injury of his left eye. His vision is 3/60. He observed muscular hole in the left eye. He had produced case sheet of the patient maintained in the hospital which is MFA.1642/98 2 admitted in evidence as Ext.X1. On examination, his left eye sight was found to be lost. There is permanent disability of 30% of the eye. His left eye sight is totally lost as loss of sight less than three metres is deemed to be total loss of eye sight of that eye. The doctor has also given evidence that muscular hole happened to the odema in the eye as a result of the injuries sustained in the accident. After considering the medical evidence, tribunal found as follows: “The evidence of PW4 conveniently establishes the fact that PW1 had lost his left eye sight fully which was the direct result of the accident.” Tribunal did not assess compensation on a multiplier method. We have sent the claimant for medical examination by the Medical Board. Medical Board certified that his permanent disability is 30%. Therefore, tribunal ought have awarded compensation for 30% disability. Tribunal found that there is a long scar on the left side of forehead above left eye brow. There is depression on the left side of forehead showing loss of a piece of frontal bone from that area. For loss of amenities of life, future discomforts, permanent disability and loss of MFA.1642/98 3 marriage prospects together, only Rs.80,000/- was awarded by the tribunal. According to the claimant, he was an employee in an arrack shop and he was getting Rs.3,000/- as monthly income. Apart from the above, he was getting the benefits of Provident Fund, Welfare fund etc. Tribunal did not accept the same as no proof was adduced. But at the very same time, under the 2nd Schedule, monthly income of a non-earning person income is fixed as Rs.1,250/- (Rs.15,000/- per year). He was 25 years old and 17 is the apt multiplier. Atleast Rs.1,500/- ought have been fixed as the monthly income. If that be so, compensation payable for 30% disability is Rs.1,500 x 12 x 30/100 x 17 = Rs.91,800/-. Tribunal has awarded only Rs.80,000/- for disability, loss of earning power and loss of amenities. Therefore, additional amount payable under this ground is Rs.11,800/-. For loss of marriage prospects and disfiguration, he should be awarded another Rs.10,000/-. Tribunal found that he cannot earn anything for a period of four months of treatment. He had undergone an operation also. Taking Rs.1,200/- as his monthly income, tribunal has awarded Rs.4,800/- for the actual loss of earning earning. Since we have fixed Rs.1,500/- as the monthly income, he is entitled to MFA.1642/98 4 Rs.1,200/- more on that ground. After the accident, he was first taken to Nedumchalil Trust Hospital and then to Medical Mission Hospital, Kolenchery. He has to undergo treatment as outpatient. Thereafter he had undergone an operation. According to the claimant, he had spent about Rs.14,000/- towards treatment expenses. But he was unable to produce all the medical bills. Tribunal awarded Rs.7,600/- towards medical expenses. He was treated in different hospitals and for outpatient treatment, we are of the opinion that another Rs.3,000/- ought to be granted for medical expenses. Thus, additional amount payable will be Rs.26,000/-. Counsel for the Insurance company submitted that Insurance company has no liability as he was a pillion rider. Disputing the liability of the Insurance company, earlier it filed an appeal which was numbered as M.F.A.No.90/1999. The above appeal was dismissed after finding that two persons are covered under the policy of Insurance. The above judgment dated 6th July 2005 has become final. In M.F.A.No.90/1999 filed by the Insurance company, quantum of compensation was not considered. But in this appeal filed by claimant, only quantum of compensation is disputed. In the above circumstances, now Insurance MFA.1642/98 5 company cannot question the coverage and liability. Hence, the above additional amount of Rs.26,000/- should be deposited by the 3rd 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. With the above modification in the award, this appeal is partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.1642 OF 1998 (A) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 8th April, 2008