IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 MFA.No. 918 of 2002(E) ---------------------- OPMV.862/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT: PETITIONER --------------------- PRASANTH, AGED 24 YEARS, S/O.AMBUNHI, THAYATH HOUSE, CHERVATHUR VILLAGE, P.O.ACHAMTHURUTY, THURUTHY (VIA) 671 351, HOSDURG TALUK. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: RESPONDENTS ------------------------ 1. AJAYA KUMAR V., AGED 28 YEARS, S/O.C.KUNHIKELU NAMBIAR, KOTTAKUNNU HOUSE, KOOVATTY, P.O.CHAYOTH, KINANOOR VILLAGE. 2. MAHENDRAKUMAR P.V., AGED 27 YEARS, S/O.P.V.KUMARAN, ADUKATH PARAMBA HOUSE, MADIKAI VILLAGE, MADIKAI P.O. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, JASEELA COMPLEX, NILAMBUR ROAD, MANJERI P.O. BY ADV. SRI.VPK.PANICKER THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.918 of 2002 ----------------------------------------- Dated this the 7th day of March, 2008 JUDGMENT Koshy, J. Appellant-petitioner filed an application for compensation claiming Rs.4,00,000/-, contending that he sustained serious injuries in a motor accident while he was travelling as a passenger in a jeep, which was insured by the third respondent Insurance Company. The Tribunal awarded only Rs.69,186/-, out of which Rs.51,186/- was awarded for reimbursement of actual medical bills. According to the petitioner, actual bills produced were for Rs.57,467/-. But the Tribunal awarded only Rs.51,186/-. On verifying the same, we are of opinion that he has produced bills for Rs.57,467/-. Being an inpatient in the hospital, there would be many expenses not covered by actual bills. He was inpatient for 67 days. Therefore, we award Rs.10,000/- for medical expenses and treatment expenses. As far as the injuries are concerned, he produced Exhibits A15 and A16 certificates showing that he had pelvis fracture with rupture urethra. Exhibit P16 further shows that since there is fracture of urethra and as there is permanent stretcher, it requires regular dilatation. It is true that he MFA.918/02 2 has not produced any disability certificate. But, there was pelvic fracture with rupture urethra. He needs continuous treatment. He was aged 20. He was a student. Taking second schedule as the guideline, his notional income can be fixed as Rs.15,000/-. But since the percentage of disability was not certified, we cannot grant compensation on multiplier method. But, considering the nature of injuries and considering the fact that he was under treatment for 66 days in the hospital and he needs future treatment also, we award Rs.15,000/- for loss of amenities and loss of earning power and the difficulties consequent to the disability. Thus, additional amount payable will be Rs.25,000/-. The above amount of Rs.25,000/- should be deposited by the third respondent Insurance Company with 7.5% interest from the date of application till the date of deposit, over and above the amount awarded by the Tribunal. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is allowed, partly. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.918/02 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No. 918 of 2002 ------------------------------ JUDGMENT 7.3.2008