IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 MACA.No. 570 of 2005(G) ----------------------- OPMV.1643/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER ------------------------------------- SIVASANKARAN P.K., AGED 54, S/O. KOCHAPPU, PUTHUVELIPARAMBIL HOUSE, MUPPATHADAM, ALUVA. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR RESPONDENTS: RESPONDENTS ------------------------ 1. MADHUSOODANAN PILLAI, MADHUSOODANAM, CHERAVALLY, KAYAMKULAM. 2. UNITED INDIA INSURANCE CO.LTD., WADAKANCHERRY ROAD, KUNNAMKULAM. 3. BINDHU K.K., KOTTARAPURATHU HOUSE, MEVALLOOR P.O., THOMALLOOR. 4. UNITED INDIA INSURANCE CO.LTD., DOCTORS TOWER, CHANGANASSERY, KOTTAYAM. BY ADV. SRI.C.V.BIMAL ROY FOR R4 BY ADV SRI.P.B.SAHASRANAMAN FOR R1 SRI.K.JAGADEESH FOR R1 SRI.T.S.HARIKUMAR FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ M.A.C.A.NO: 570 OF 2005 ----------------------------------------------------------- Dated this the 19th August, 2008. JUDGMENT Koshy, J. The appellant-claimant sustained very serious injuries in a motor accident on 25.6.2000. He claimed an amount of Rs. 9 lakhs. The Tribunal awarded only Rs.3,29,712/- inclusive of medical expenses with interest at 9% per annum from the date of application. The only dispute is regarding quantum of compensation. Tribunal found that accident occurred due to negligence of the driver. Second respondent is the insurance company. As a result of the accident his leg above knee was amputed and he has got spinal injuries also. Paragraph 10 of the award details the injuries sustained by him, we quote the same:- “It is proved by medical records that in the accident the petitioner sustained compound fracture both bone L/3 right leg with loss of 30 x 12 cms tissue loss from leg. No pulsation. Tissue loss from medial and planter aspect of right foot with extensive crushing and contamination, open would left knee joint, abrasion dorsum of left foot, intra abdominal injury, suspected fracture cervical and thorasic spine, abrasion over right parietal region. Ext.A7 is a discharge summary issued from Specialist Hospital which would indicate that the petitioner was admitted in the Specialist Hospital on 25.6.2000 with the aforementioned injuries followed by an accident. The certificate which further shows that the X-ray of right leg shows both bone fracture and X-ray spine and MRI shows C3, C4,C5 displacement. The patient was admitted for observation for intra abdominal injury. On 26.6.2000 open amputation right leg below knee was done. Patient sustained gastric erotious and was treated by nilorly and ryles aspiration. On 30.6.2000 revision amputation done above M.A.C.A. 570/05 2 knee. External view of C. Spine reviewed. C3, C4 subluxation. Case was discussed with Dr. K.V.Menon and patient is advised survical fusion, hence shifted to Ernakulam Medical Centre on 11.7.2000. Ext.A8 is a case summary of Specialist Hospital which would corroborate the terms of Ext.A7. Ext.A9 is a discharge card issued from Ernakulam Medical Centre which would indicate that the petitioner was admitted in the hospital on 12.7.2000 and he was treated with C3, C4, fusion, would debridement of stump and stump closure and S.S.G and he was discharged on 17.8.2000 with advice to Q cept exercises and crutch walking.” 2. The Tribunal also found that he was employed in Periyar Chemicals Ltd. His monthly income was Rs. 5,019/-, as per Ext.A12 salary certificate. But it has also come out in evidence that after 20.3.2002, the employees in that company were paid only Rs.120/- per day. In any event petitioner's services were terminated in 2002. At the time of accident he was 49 years. If second schedule is taken as guidance, apt multiplier is 13. Considering the evidence produced, we are of the opinion that for the purpose of calculation of compensation Rs.3,500/- can be taken as the multiplicant. Tribunal has accepted that there is 50% disability even though it is contended that with his amputed M.A.C.A. 570/05 3 leg above knee, he will not be able to get any employment and there is 100% loss of earning capacity. We are of the opinion that compensation need be granted only for 50% disability. If that be so, compensation payable will be for permanent disability and loss of earning capacity will be Rs.2,73,000/- (3500x12x50/100x13). The Tribunal has awarded Rs.1,35,600/-. So additional amount payable in this account will be Rs.1,37,400/-. We are not changing the actual loss of earnings incurred by him for the period of treatment. 3. It is submitted that Tribunal has granted only actual medical expenses referred in the bills but there will be many expenses during the long inpatient treatment which are not covered by any bills. It is also stated that he requires the artificial legs but no evidence was adduced by him. For additional expenses including purchase of crutches etc. we award Rs.30,000/- more. Thus the claimant will be entitled to additional compensation of Rs.1,67,400/- (Rupees one lakh sixty seven thousand four hundred only). M.A.C.A. 570/05 4 4. The above amount should be deposited by the second respondent with 7.5% interest from the date of application till its deposit over and above the amount decreed by the Tribunal. On deposit of the above amount appellant is allowed to withdraw the same. J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: