IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 MFA.No. 620 of 2001() ------------------------------ OPMV.1707/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT: ------------------- BALAN, S/O. ARITHAN, POOVANCHALIL HOUSE, TRIKKOTTUR, AMSOM DESOM, KOYILANDY TALUK. BY ADV. SMT.K.V.RESHMI RESPONDENTS: ----------------------- 1. KERALA STATE INSURANCE DEPARTMENT, TRIVENI BUILDINGS, K.P.KESAVA MENON ROAD, CALICT. 2. K.BALAN NAIR, S/O. ACHUTHA KURUP, CHITTATTUVALLI HOUSE, P.O. MUCHUKUNNU, VIA KOYILANDY. 3. K.DAMODARAN NAIR, S/O.CHANDUKUTTY KURUP, KOYILOTH HOUSE, P.O.ULLIYERI, KOYILANDY. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.620 OF 2001 ------------------------------------- Dated 18th January, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained serious head injuries in a motor accident due to the negligent driving of the vehicle insured by the third respondent insurance company. Appellant claimed a compensation of Rs.2,00,000/=. Even though Tribunal found negligence on the part of the offending vehicle, total compensation awarded was only Rs.20,200/=. Only quantum of compensation is disputed in this appeal. 2. As far as the injuries are concerned, Ext.A2 is the letter issued from the Government Hospital, Koyilandy requessting the Superintendent of Medical College Hospital, Calicut to treat the appellant as required. Ext.A3 is the Index Card which shows the treatments given to the appellant. Ext.A5 is the C.T. whole body scan report which shows that there was multiple fractures. It shows the following fractures: “Fracture zygomatic arch (right); fracture squamo mastoid portion of the (right) temporal bone and fracture temporo-parietal bone (right) noted.” MFA.620/2001 2 Doctor was examined as PW1. He stated that due to the accident the appellant was suffering from LMN facial palsy. According to the doctor, the appellant had lost 50% of hearing capacity of right ear. Exts.A6 to A14 are various prescriptions and treatment records and Ext.X1 is the case sheet. He was treated by various doctors. For treatment and medicines only Rs.3,000/= was awarded by the Tribunal. In view of the long treatment by various doctors, we are of the opinion that at least Rs.5,000/= ought to have been awarded for treatment, medical expenses and incidental hospital expenses. Hence, the appellant will be entitled to an additional compensation of Rs.2,000/= on that count. For loss of actual earning only Rs.3,000/= was awarded. Appellant was a fish vendor. He was aged 40 years and maintaining a family. His claim that he was getting Rs.1,500/= per month has to be accepted. According to the appellant, he was unable to do any work for six months and he was under treatment. The medical certificate shows that he was under treatment for long period. He is entitled to compensation for actual loss of earnings for six months. Therefore, for actual loss of earnings he is entitled to Rs.9,000/=. Tribunal has awarded only Rs.3,000/=. Therefore, the appellant is entitled to an additional amount of Rs.6,000/= on that count. Tribunal has awarded Rs.10,000/= as compensation for pain and suffering. We see no ground to enhance the same. Tribunal has awarded Rs.3,000/= for permanent disability and Rs.3,000/= for loss of earning power. He was a fish vendor and the disability will MFA.620/2001 3 certainly affect his working conditions and ability. Even though PW1 certified 50% loss of hearing capacity of the right ear, no certificates assessing disability was produced. In the above circumstances, we cannot award compensation on multiplier method, but, we are of the opinion that compensation can be awarded for disability, loss of earning power and loss of amenities together on a lumpsum and we are of the view that Rs.12,000/= more can be awarded for permanent disability, loss of earning power and loss of amenities. Thus, claimant will be entitled to an additional compensation of Rs.20,000/=. Even though it is argued that compensation granted under all other heads are very low, considering the nature of accident and total compensation awarded, we are not granting any enhancement under other heads. The additional amount of Rs.20,000/= 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 decreed amount 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