IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 MFA.No. 387 of 2002(C) --------------------------------- OPMV.1450/1998 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR. .................... APPELLANT/ PETITIONER: -------------------------------------- PHILIP, S/O.LATE CHACKO, ALOOPARAMBIL HOUSE, P.O.PANGARAPPALLY, VIA-CHELAKKARA, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN, SRI.T.VENUGOPALAN. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. P.K.VELAYUDHAN, PONNARASSERY HOUSE, CHOONDAL P.O., THRISSUR DISTRICT. 2. K.KRISHNAKUMAR, S/O.C.NARAYANA PANCKER, KUNJUKKATTIL HOUSE, ARIMBUR, TRICHUR DISTRICT. 3. UNITED INDIA INSURANCE CO LTD., BRANCH OFFICE, WADAKKANCHERY ROAD, KUNNAMKULAM. BY ADV. SRI.P.MURALEEDHARAN. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.387 OF 2002 ------------------------------------- Dated 2nd January, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained personal injuries in a motor accident. He claimed a compensation of Rs.3,50,000/=. Tribunal has granted a compensation of Rs.1,08,800/= with 9% interest from the date of application till its deposit. The Tribunal found that the accident occurred due to the negligence of the vehicle insured by the third respondent insurance company. Only quantum of compensation is disputed in this appeal. 2. Ext.A3 is the wound certificate. It shows that there was a lacerated wound on the left supra-orbital ridge of forehead, 8 x 3 x 1cm, and abrasion on the right leg. C.T.Scan was taken and Ext.A7 is the discharge summary issued from the Aswini Hospital, Thrissur which shows depressed fracture of left frontal bone. It also shows that surgery was not done because of the refusal of general anesthesia as he had severe chronic respiratory infection. The C.T. Scan report shows that there was post traumatic depressed comminuted fracture of left frontal bone and fracture of lateral wall of left orbit. The same was the result of the M.R.I. Scan. As per Ext.A10 certificate issued by E.N.T. Surgeon, the MFA.387/2002 2 appellant had minimal mixed hearing loss on the left side. Ext.A12 is issued by Dr.D.Mohanlal which shows that the appelland has a permanent disability of 15% and Ext.A13 certificate is issued by a neurological surgeon which shows that the appellant has a neurological permanent disability of 15%. Those surgeons were not examined. Appellant was a clerk in the Federal Bank, Kunnamkulam branch. As a result of the accident his salary was not lost and he continued in employment except for the leave period he had taken. It is stated that due to the disability he was not selected for interview for promotion to the higher category. It cannot be stated that it is due to the accident he was not selected for interview. As a result of the accident, there was no effect on his employment. Tribunal has granted Rs.50,000/= for disability and disfigurement. It is true that compensation cannot be granted on a multiplier basis as he continued in employment despite injuries. He was granted Rs.20,000/= for the loss of pay leave. Subsequent leave granted for sickness cannot be co-related to the accident as the certificate produced by him shows that he had a chronic respiratory infection. However, we note that the disability will continue in his life till death and he has to suffer. In view of the above, we are of the opinion that at least Rs.7,500/= should be granted for loss of amenities in his life as an additional amount. We are of the opinion that no enhancement is required under MFA.387/2002 3 other heads. The above amount of Rs.7,500/= 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, appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE K.HEMA JUDGE tks