IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 MFA.No. 414 of 2002() --------------------- OPMV.146/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT/3RD RESPONDENT IN THE OP: ------------------------- THE NEW INDIAASSURANCE CO.LTD., NATIKA,REPRESENTED BY THE ASSISTANT ADMINISTRATIVE OFFICER OF ITS REGIONAL OFFICE,ERNAKULAM, KONDOMKULATHY TOWERS,M.G.ROAD,KOCHI-11 BY ADV. SRI.A.R.GEORGE RESPONDENTS/CLAIMANT/RESPONDENTS 1 & 2 IN THE OP: --------------------------------------- 1. THOMAS S/O.LAZAR,MATACKAL VEETIL, KOONAMMAVU BHAGAM,VALLUVALLY KARA, KOTTUVALLY VILLAGE,PARAVUR TALUK. 2. SUDHESH KUMAR S/O.KARUNAKARAN UNNIRIYATH VEETIL,MUNAMBAM KARA, KUZHUPPILLY VILLAGE. 3. VIVEKANANDAN,S/O.KUNJUMON,MAYOOR HOUSE, THAMPANKADAVU,P.O.THALIKKULAM,TRISSUR DISTRICT. BY ADV. SRI.T.P.VARGHESE FOR R1 SRI.PHILIP T.VARGHESE FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA.414/2002 ORDER ON C.M.P.NO.2306/2002 IN MFA.414/2002 DISMISSED. 27.6.2008 SD/- J.B.KOSHY, JUDGE SD/- P.N.RAVINDRAN, JUDGE /TRUE COPY/ J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- M.F.A.NO.414 OF 2002 () ----------------------------------- Dated this the 27th day of June, 2008 J U D G M E N T KOSHY,J. Appellant Insurance company filed this appeal against the award of the Motor Accidents Claims Tribunal, North Paravur contending that amount awarded by the tribunal is excessive and arbitrary. The claimant sustained injuries on 1.12.1997 due to the negligence of the driver of the vehicle insured by the appellant Insurance company. Ext.A3 is the copy of the wound certificate issued from the Medical Trust Hospital, Ernakulam, where the petitioner has undergone treatment following the accident. Ext.A3 certificate shows that he has got vomiting, multiple abrasions of both knee joints of left flank and left foot, lacerated wound over the frontal area 4 x 3 cm, diffused pain all over the abdomen. It is also stated that he had Ischemic Heart Disease. It is also stated that there was no external fracture but was admitted MFA.414/02 2 in the department of Neurology. He was under inpatient treatment in the Medical Trust Hospital from 1.12.1997 till 18.12.1997. Thereafter he undergone treatment in the Cochin Spine Hospital and then to Lakshmi Nursing Home, Njarakkal. He was laid up with paraplegia. The certificate issued by Medical Board shows that due to the injury to the spinal cord, petitioner is having paraplegia and his permanent partial disability is 60%. Claimant was brought to the court for evidence in a wheel chair and tribunal also is of the opinion that he is unable to do any work. Exts.A3 to A6 shows treatment in the Medical Trust Hospital and Lakshmi Nursing Home. 60% permanent physical disability in this case would amounts to 100% disability. Tribunal saw the claimant in the wheel chair. It was also convinced that he deposed in Court was correct. We are unable to accept the plea of the Insurance company that tribunal went wrong in awarding 100% loss of earning capacity. Tribunal also noticed that he has licence for running a stationary shop. Even though it was claimed that he was earning Rs.3,000/- per month, tribunal has taken only Rs.1,750/- per month. No appeal is filed by the MFA.414/02 3 claimant to enhance the monthly income. He was 56 years old and 8 was taken as the multiplier. He has to suffer disability through out his life. Perhaps it may be true that because he is having other diseases, due to the impact of the accident, the other diseases escalated and the result of the disability is the direct result of the accident. Therefore, we see no ground to reduce the compensation granted for loss of earning capacity and disability. The amount of compensation granted for permanent disability and loss of earning capacity is Rs.1,44,000/-. Tribunal has also awarded an equal amount for bystander expenses on the ground that an attender is necessary as he cannot do any work without the help of another person. He need a support of the person and also a wheel chair through out his life. However, we are of the opinion that while awarding Rs.1,44,000/- for the attender's expenses, tribunal has to take into account that Rs.1,500/- per month has to be spend for bystander expenses. It is true that, as time passes, the amount payable for bystander also will be increased. His personal expenses etc. will be borne by him. He has to undergo bystander expenses till the end of his life. MFA.414/02 4 It cannot be stated that even for eight years, the amount awarded for bystander expenses as Rs.1,44,000/- is very excessive, but for the period of treatment, Rs.6,000/- was awarded for bystander. That has to be deducted as tribunal has taken into account bystander expenses for the entire period from the date of accident. So, Rs.6,000/- has to be deducted. Since compensation for 100% disability was awarded, a separate compensation for three months loss of earnings need not be awarded. The tribunal awarded Rs.7,000/- towards loss of earning and that has to be deducted. Thus, Rs.13,000/- ought have been deducted. Medical reimbursement etc. are supported by bills. Tribunal has awarded Rs.10,000/- for future treatment. He was a paraplegia patient and due to paraplegia, he must be treated regularly to avoid other difficulties. Rs.10,000/- awarded for future treatment is not excessive for a paraplegia patient. However, for future medical expenses, interest will be granted only from the date of award. Tribunal has awarded Rs.75,000/- for pain and sufferings. This is apart from Rs.50,000/- for loss of amenities. We are of the opinion that MFA.414/02 5 that is excessive. For pain and sufferings and loss of amenities, compensation payable is Rs.50,000/-. Hence, Rs.75,000/- will have to be deducted. So the compensation payable will be Rs.4,08,500/- instead of Rs.4,96,500/-. Out of the Rs.4,08,500/-, Rs.3,98,000/- should be deposited by the Insurance company with proportionate interest and costs as awarded by the Tribunal from the date of application till its deposit after deducting the amount already paid. Rs.10,000/- awarded for future medical expenses should be deposited with the same rate of interest only from the date of award. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO.414 OF 2002 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 27th June, 2008