IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 23RD AUGUST 2007 / 1ST BHADRA 1929 MFA.No. 371 of 2002(C) ---------------------- OPMV.1726/1991 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT: PETITIONER: ---------------------- PRASANNA, W/O. SURENDRAN, KUTTALAPARAMBIL HOUSE, ADIYATTIL LANE, TRICHUR TOWN, TRICHUR TALUK. BY ADV. SRI.JOSE THETTAYIL RESPONDENTS: ------------- 1. P.K.ANANDARAJAN, VALLATHU HOUSE, P.O.THALIKULAM. 2. NATIONAL INSURANCE CO. LTD., PATTALAM ROAD, TRICHUR. 3. T.B.SURESH BABU, S/O. BALAN, THOTTUPURAM HOUSE, KIZHAKKUMURI VILLAGE, P.O.PERINGOTTUKARA. 4. TOMY, S/O. MENACHERY THOMAN, KIZHEKKEPURAM, ARANATTUKARA, THRISSUR. 5. ORIENTAL INSURANCE CO., KUNNAMKULAM, BRANCH TRICHUR. 6. M.V.VISWANATHAN, KUNNAPPILLY HOUSE, KIZHEPPURAM, ARANATTUKARA, TRICHUR. BY ADV. SRI.ANCHAL C.VIJAYAN FOR R5 SRI.P.R.RAMACHANDRA MENON FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 23/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & V. Giri, JJ. ======================== M.F.A.No.371 of 2002 ======================== Dated this the 23rd day of August, 2007. JUDGMENT Koshy,J. Appellant suffered serious injuries in an accident. While she was travelling in an autorickshaw, a bus insured by the second respondent - Insurance Company and driven by the third respondent in a rash and negligent manner hit the autorickshaw. She claimed a total compensation of Rs.1,74,500/-. The Tribunal has granted a compensation of only Rs.43,000/-, out of which major amounts are for reimbursement of medical expenses. The Tribunal, has noticed the following injuries: “Immediately after the accident, the petitioner was taken to West Fort Hospital, Thrissur as evident from Ext.A6 wound certificate. The external injuries noted were an abrasion on the eye brow right side and abrasion on the left ear lobe. Ext.X1 is the case sheet which would also reveal the same. But on investigation it was revealed that she had a blunt injury to the abdomen with rupture to the right lobe of MFA 371/02 -: 2 :- liver and haemo peritoneum. Thus, she was subjected to a laprotomy on 16.9.1991. This is evident from Ext.X2 case sheet. The details of treatment given at the West Fort Hospital, Thrissur are also evident from Ext.A7, which is the discharge summary. Since she has loss of consciousness and was disoriented, she was managed with charge and observation. This is also evident from Ext.X2 case sheet. She had an injury to the bone on the right eye brow resulting in the injury to the trochlea, which caused paralysis of superior oblique muscles resulting in deplopia (double vision). Ext.A7 certificate states that if the said condition of deplopia is not getting spontaneous cure within six months, she would have to undergo a surgical procedure to correct this problem.” 2. Even at the time of examination, there was double vision. The Tribunal was of the opinion that the double vision will be cured prospectively. Therefore, only Rs.10,000/- was awarded for the disability and for loss of earning power. She was a Managing Partner of a Chemical Industry. Considering the nature of the injuries, especially, double vision as well as the injury to the liver, we award Rs.7,000/- more as additional MFA 371/02 -: 3 :- compensation for disability and its after effects. The above amount should be deposited by the second respondent - Insurance Company with 7.5% interest from the date of application till the date of deposit. On deposit, the the appellant is allowed to withdraw the amount. Appeal is partly allowed. J.B.Koshy, Judge. V.Giri, Judge. ess 23/8