IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 MFA.No. 979 of 2001(D) ---------------------- OPMV.242/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: ----------- SR.CLARIS KANNATH, KANNATH HOUSE, KANDASSANKADAVU DESOM & VILLAGE, THRISSUR TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: ------------- 1 .K.V. DEVASSY, KAATHIYADAN HOUSE, MUTTATHARAYI, KURUPPAMPADY, RAYAMANGALAM VILLAGE, ERNAKULAM. 2. ORIENTAL INSURANCE COMPANY LTD., ANGAMALY. ADDL. 3. B.JAYAKUMAR, KAIPPITTIL HOUSE, MANIKKAMANGALAM, ERNAKULAM. “ 4. DEVASSY, KOLLANAKKAL HOUSE, ANGAMALY. '' 5. NATIONAL INSURANCE CO.LTD., ERNAKULAM. “ 6. THE DIRECTOR, ST.ANTONY'S MISSION HOSPITAL, THRISSUR. “ 7. JOSE @ OUSEPH, PALLAKKAD HOUSE, MULAMKUNNATHUKAVAU P.O. THRISSUR. “ 8. NATIONAL INSURANCE CO. LTD., THRISSUR. R2 BY ADV.SRI.JACOB MURIKAN. R5 BY ADV. SRI. JOE KALLIATH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.F.A.No. 979 of 2001 -------------------------------------------- Dated this the 7th day of January, 2008. JUDGMENT Koshy, J: Appellant-claimant on 4.3.1993 while travelling in a tempo van suffered injuries in an accident when the above vehicle collided with a goods vehicle which after overtaking a tanker and while again overtaking another vehicle. As a result, the goods vehicle dashed against a tanker and the tanker slipped off and it hit upon the tempo in which appellant was travelling. Many passengers sustained injuries including the appellant. The Tribunal found that the accident occurred due to the negligence of the owner-cum-driver of the goods vehicle viz. The first respondent and the above vehicle was insured by the 2nd respondent. However, against a claim of compensation of Rs.2 lakhs, the Tribunal granted only Rs.79,165/-. Only quantum of compensation is disputed in this appeal. 2. As a result of the incident she suffered serious injuries [MFA.979/01] 2 which are noted by the Tribunal, in paragraph 76 of the judgment, as follows: “Ext.A27 is he copy of the wound certificate issued form Lissy Hospital, Cochin wherein it is noted that the petitioner was brought to that hospital at 7 p.m. on 4.3.1993 with following injuries. “1) Head injury, 2) Injury Pelvis”. Ext.A28 is the C.T.Scan report of head including orbital region of the petitioner taken on 4.3.03. The impression was noted as “Mild grade diffuse cerebral oedema”. Ext.29 is the discharge summary issued from Lissie Hospital, Cochin wherein it is noted, that the petitioner was admitted in that hospital on 4.3.1993 and was discharged on 13.3.1993. The diagnosis was noted there as 3rd nerve palsy, fracture neck scapula ®, Lip laceration fracture nasal bone, liver laceration and fracture medical wall of orbit. Ext.A30 is the admission discharge certificate issued from Jubilee Mission Hospital, Thrissur wherein it is noted that the petitioner was treated as inpatient in that hospital from 13.3.1993 to 27.3.1993. The injuries sustained by the petitioner were described in Ext.A30 as follows: “a) Fracture neck of Scapula (R) b) Fracture nasal bone. c) Fracture superior Ischapubic ramus ( L) d) Absent Incisor (L) upper and injury to upper lip. e) Drooping of (L) upper eyelid. f) Contusion chest. G) C.T.Scan report – Mild cerebral oedema. h) U/s. abdomen – liver laceration.” It is also noted there in that the petitioner was advised rest for a period of 3 months with effect from 27.3.1993. Ext.A31 is the discharge summary issued from Jubilee Mission Hospital, Thrissur wherein the period of hospitalisation, nature of the injuries, and fractures etc. Are described as noted in [MFA.979/01] 3 Ext.A30. Ext.A32 series (2 Nos.) are the O.P. Tickets issued from Medical College Hospital, Thrissur dated 29.6.99 wherein it is ntoed that the petitioner has epilepsy sicne April 1998 and took treatment for the same. Ext.A33 is the certificate issued on 6.8.99 by Dr.Jose Kurian Kattukaran wherein it is certified that the petitioner is having limitation of movements of right shoulder, tenderness on the fracture site of nasal bone and neck of scapula, scar on left upper lip difficulty to lift or carry weight, to do heavy work, to stand for long time and to squat etc. and the permanent disability was assessed at 15% she being a staff nurse. Ext.A34 is the certificate issued on 22.6.99 by Dr.Thomas Mathai at Jubilee Mission Hospital, Thrissur wherein it is certified that the petitioner has partial 3rd nerve palsy (pupil semi- dilated and inferior rectus muscle entrapment due to orbital floor fracture, which is causing diplopia, and that she has 50% visual disability.” 3. Even though claimant was a staff Nurse, being a Nun, she was getting only honorarium of Rs.1400/- per month. The percentage of disability was assessed at 15% as per Ext.A33 certificate. The Tribunal granted compensation only for 10% disability taking Rs.1000/- as the monthly income. We see no ground to reduce the monthly income for a qualified Nurse or assessment of disability by the doctor. If that be so, compensation payable will be Rs. 42,840/- (Rs.1400 x 12 x17x15/100). The Tribunal has granted only Rs.20,400/- for disability. So, the additional compensation payable will be [MFA.979/01] 4 Rs.22440/-. It is submitted that an amount of Rs.29,934.47 was spent towards hospital expenses and bills produced for the same, only Rs.25,065/- was awarded. We are of the view that there will be other treatment expenses also. Therefore, we award Rs.5000/- more for medical expenses incurred by the appellant. It is submitted that compensation awarded on other heads are very meager, especially compensation awarded for pain and suffering, loss of amenities etc. However, considering the total amount awarded, we are of the opinion that no enhancement is required on other heads. The additional compensation of Rs.27,440/- should be deposited by the 2nd respondent, Oriental Insurance Company Ltd. 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. Appeal is partly allowed. Sd/- J.B.KOSHY, JUDGE. Sd/- K. HEMA, JUDGE. Krs. [MFA.979/01] 5 J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.F.A.No. 979 of 2001 -------------------------------------------- Dated this the 7th day of January, 2008. JUDGMENT