IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 MACA.No. 889 of 2006() ---------------------- OPMV.12/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/CLAIMANT: ------------------------------------- SAJU VARGHESE, 34 YEARS, S/O.VARGHESE, THEKKETHETTIYIL HOUSE, NADIYANGA AMSOM, CHAMPANTHOTTY P.O., TALIPARAMBA TALUK, KANNUR. BY ADV. SRI.B.PREMNATH (E) RESPONDENT(S): RESPONDENTS: ------------------------------------------------------ 1. VAYALIL RAJEEV, S/O.ABRAHAM, VAYALIL HOUSE, KUTTAPARAMBA, ALAKKODE P.O., TALIPARAMBA TALUK, KANNUR. 2. V.J.ABRAHAM, VAYALIL HOUSE, KUTTAPARAMBA, ALAKKODE P.O., TALIPARAMBA TALUK, KANNUR. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, MARINA SHOPPING CENTRE, TALIPARAMBA, KANNUR. ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) FOR R1,R2. SRI.GEORGE VARGHESE KIZHAKKAMBALAM SRI.P.JACOB MATHEW FOR R3 SRI.MATHEWS JACOB (SR.) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & V.K.MOHANAN, JJ. ================================ M.A.C.A.No.889 of 2006 - G =============================== Dated this the 24th day of November, 2008. J U D G M E N T KOSHY, J. The appellant sustained serious injuries in a motor accident occurred on 10.11.1996. He claimed a compensation of Rs.5,00,000/-. Tribunal awarded only an amount of Rs.16,700/-. The coverage of insurance of the offending vehicle was admitted. The only dispute raised in this appeal is regarding the quantum of compensation. According to the appellant he is 100% disabled due to the accident. Ext.A2 wound certificate shows that lacerated wound on the occipital region and the headache subsequently developed into mental disorder. But the insurance company had a contention that even at the time of the accident he was under mental disorder. That was not accepted by the Tribunal. Petitioner has obtained National Trade Certificates as can be seen from Exts.A7 and A8 as qualified technician after passing the above. He worked in Mumbai for getting experience in the trade, as can be seen from Ext.A9. Therefore, he is M.A.C.A.No.889 of 2006 - G 2 educationally qualified to repair TV and Radio. According to him, after the accident, he was unable to do any work. His monthly income, according to him is Rs.5,000/-. In the absence of a clear evidence, Tribunal fixed Rs.1,500/- as monthly income. Since he is a technically qualified person with ITI, we are of the opinion that at least Rs.2,500/- ought to have fixed as monthly income. Tribunal has given compensation for loss of actual earnings, two months' income (Rs.3,000/-). Since we are fixing Rs.2,500/- as monthly income, additional amount of Rs.2,000/- is awarded on that head. Tribunal did not grant any amount for permanent disability. It is his definite case that as a result of the accident, he was unable to do any work. He was under mental disorder and gone for subsequent treatment for three years. Apart from that there was a fracture on the posterior end of 3rd, 4th and 5th ribs left side. Considering the fracture on the three ribs as well as the injury suffered in the head etc., we are of the opinion that at least Rs.10,000/- can be awarded for loss of disability, injuries as well as loss of amenities. He has produced medical bills for Rs.21,000/-. But medical expences reimbursed M.A.C.A.No.889 of 2006 - G 3 was only for Rs.1,300/-. Some of the medical bills were produced after one year of the accident. That is the reason for the refusal to accept medical bills. It is the case of the appellant that after the accident he needed continuous treatment. In the absence of clear evidence regarding the injury after accident, the entire medical bill cannot be granted. Considering the injury sustained, medical treatment undergone by him, we are of the opinion that Rs.8,000/- more for medical bill can be granted. Thus, an amount of Rs.20,000/- can be awarded as additional compensation. The additional compensation of Rs.20,000/- should be deposited by the 3rd respondent -insurance company with 7.5% interest from the date of application till its deposit. On deposit of the same, the appellant is allowed to withdraw the same. J.B.KOSHY, JUDGE V.K.MOHANAN, JUDGE bkn/-