IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MACA.No. 49 of 2003() --------------------- OPMV.871/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN O.P. (MV): ------------------------------------------- VENUGOPALAN, S/O. SREEDHARAN, VALLOTHUPARAMBIL HOUSE, PADI P.O, MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN O.P.(M.V): ------------------------------------------------- 1. E.N. SHAJAN, S/O. NARAYANAN, EDATHADAN HOUSE, ALOOR P.O. 2. M.V. LALU, S/O. VELUKUTTY, MACHINGAL HOUSE, ALOOR P.O. 3. MANAGER, THE ORIENTAL INSURANE CO., KODUNGALLUR. 4. ARAVINDAN T.K., THANEDATH HOUSE, KOTTAMURI P.O., MALA. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY AND P.N. RAVINDRAN, JJ. ----------------------------------------------- M.A.C.A. No. 49 OF 2003 ----------------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT KOSHY, J. Petitioner had sustained injuries in a motor accident on 05.04.1998. He was 37years old at the time of accident. For permanent disability and loss of earning power, the Tribunal has granted only Rs.5,000/- and total amount granted was Rs.37,000/- against a claim of Rs.1,50,000/-. The only dispute in the appeal is regarding the quantum of compensation. The Tribunal considered the injuries sustained in the accident and observed as follows: “7. xx xx xx Medical records produced in this case are Ext.A6 wound certificate, Ext.A7 discharge summary and Ext.A8 disability certificate. Medical records revealed the existence of the following injuries consequent to the accident. 1) Fracture medial malleolus right. 2) Pain and swelling right ankle. The petitioner was taken to the Heart Hospital, Thrissur following the accident and had an inpatient treatment there till 13.04.98. He was treated with open reduction and MACA. No. 49 OF 2003 2 internal fixation. After suture removal POP BK application was done. Ext.A6 is the wound certificate. The hospitalisation was for 8 days. The surgery was done and internal fixation was made. Ext.A8 disability certificate was issued by an Orthopaedic surgeon attached to the Government Hospital, Chalakudy certifying that as on 18.12.2001 the petitioner is having the following deformities:- 'a) Limitation of Corst flexion of right ankle of last 10 and planter flexion of last 5 due to partial ankylosis of right ankle. b) Mild instability of medial side of right ankle with ligaments laxity of medial side of right ankle. c) Pain on movements of right ankle. d) Ugly tender adherent scar on the medial side of right ankle. e) Early Osteoarthritis of right ankle.' The Doctor has also noted that the petitioner has difficulty for squatting, to stand for long time, to walk fast, to run, to stand on heel or to carry or lift heavy weight. On the above reasons the Doctor has assessed 12% permanent disability.” 2. The doctor who issued the disability certificate was examined as PW1. But the tribunal did not accept the same for no reason whatsoever. Considering the medical certificates produced and considering the fact that the appellant had medial malleolus MACA. No. 49 OF 2003 3 and he has deformity and difficulty for standing long time and to walk fast, we are of the opinion that at least compensation for 7% disability can be allowed. The claimant was working as a parallel college teacher. Ext.A9 is the certificate issued by the Wisdom College, Kodakara stating that he was getting Rs.3,000/- per month. But, neither the petitioner nor the employer was examined. However, he was an educated man who has to look after his family, we are of the opinion that at least Rs.2,500/- be fixed as his monthly income. He was a 37 year old man. Taking the second schedule as the guide line, 16 is the multiplier. Hence compensation payable will be Rs.33,600/- (2,500 x12x7%x16). The Tribunal has already granted Rs.5,000/- towards permanent disability. Therefore, the additional compensation payable for disability and loss of earning power will be Rs.28,600/-. The tribunal found that he was under treatment for six months. He has undergone surgery. For loss of actual earning, the tribunal awarded only Rs.9,000/-. Since the monthly income is refixed as Rs.2,500/-, he is entitled to get additional Rs.6,000/-. It is argued that compensation granted for medical expenses etc. are very low. MACA. No. 49 OF 2003 4 But considering the total amount granted, we are not intended to enhance the same. The additional amount of Rs.34,600/- should be deposited by the 3rd respondent Insurance Company with 7.5% interest from the date of the application till deposit over and above the compensation awarded by the tribunal. On depositing the above amount, the appellant is allowed to withdraw the same. The appeal is accordingly partly allowed. J.B. KOSHY , JUDGE P.N. RAVINDRAN, JUDGE. ttb MACA. No. 49 OF 2003 5 MACA. No. 49 OF 2003 6