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 29TH JULY 2008 / 7TH SRAVANA 1930 MACA.No. 80 of 2003(C) ---------------------- OPMV.578/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT : 3RD RESPONDENT --------------------- NATIONAL INSURANCE COMPANY LTD., KOCHI REGIONAL OFFICE - T.P.CELL, M.G.ROAD, ERNAKULAM, REP. BY ITS ASST. ADMINISTRATIVE OFFICER. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: ADDL. CLAIMANTS 2 TO 5 (ORIGINAL CLAIMANT EXPIRED) --------------------------- AND RESPONDENTS 1 & 2 RESPECTIVELY 1. RATNAMMA, W/O.THE LATE MOHANAN KUNNEPPARAMBIL, PUTHUPPALLIKARA, KOTTAYAM. 2. MURALI, S/O. THE LATE MOHANAN, DO. 3. SASI, S/O. THE LATE MOHANAN, DO. 4. PRASAD, S/O. THE LATE MOHANAN, DO. 5. K.J.VARGHESE, S/O.JOHN, KADACHELATH HOUSE, MAZHUKKEERKARA, THIRUVANDOOR VILLAGE. (DIED) 6. KUNJUMOL VARGHESE, W/O. VARGHESE, KADAKKELETHU HOUSE, KALLISSERYJARA, * ADDL. R7 IMPLEADED *ADDL. R7:- BOBY VARGHESE,S/O. THE LATE K.J.VARGHESE, KADACKELETH HOUSE, KALLISSERY PO., CHENGANNUR. ADDL. R7 IS IMPLEADED AS THE LEGAL HEIR OF THE DECEASED 5TH RESPONDENT AS PER ORDER DT. 18.8.04 IN IA. NO.2522/04. BY ADV. SRI.M.P.MADHAVANKUTTY FOR R1TO 4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.A.C.A. NO.80/2003 ORDER ON IA. NO.239/2003 IN M.A.C.A. NO.80/2003 DISMISSED 29/07/2008 SD/- J.B.KOSHY, JUDGE SD/- P.N.RAVINDRAN, JUDGE /TRUE COPY/ P.S. TO JUDGE tss J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.A.C.A. No.80 of 2003 --------------------------------------- Dated this the 29th day of July, 2008 Judgment Koshy,J. A 47 year old man sustained very serious injuries in a motor accident on 26.10.1992. Immediately after the accident, he was taken to the Medical College Hospital and he was treated as an inpatient. He lost his memory power. X-ray was taken. Scanning was also done. He was bed-ridden. He filed an application for compensation claiming that his monthly income was Rs.5,000/- and he is totally incapacitated and claim was for Rs.6,05,000/-. He died on 3.8.1993, that is, within nine months after the accident. Secondary infection took place and, therefore, because of the accidental injuries and secondary infection, he died. After his death, his legal representatives, that is, wife and children continued the proceedings. He was a fish vendor. Ext.A10 certificate issued by the panchayat was produced to prove his monthly income. The tribunal accepted only Rs.3,000/- as the monthly income. Claim of the petitioner is that his monthly income of Rs.5,000/- was not accepted. After taking Rs.3,000/- as monthly income, one-third was M.A.C.A.No. 80/2003 2 deducted for personal expenses, applied multiplier of 15 and awarded an amount of Rs.3,60,000/- as loss of dependency. Ext.A7 was produced to show that he was in semi-conscious at the time of admission. There was fracture of skull and C.T. scan of brain showed bifrontal non-haemorhagic contusions and fracture of occipital prohiberahce with communicating hydrocephalas. He was on continuous bladder drainage with a catheter. It was also certified that these difficulties are permanent and he has to continue with these difficulties and there is no possibility of any improvement. The doctor was examined to prove the medical certificates Exts.A6 and A7. Even though original calculation was made as taking 12 as multiplier and by order dated 17.8.2001, 15 was taken as the multiplier taking second schedule for guidance as deceased was aged 47. We note that as per second schedule, the apt multiplier is 13 and not 15 as taken by the tribunal. If that be so, compensation payable will be Rs.2,000 x 12 x 13 = Rs.3,12,000/- instead of Rs.3,60,000/- calculated by the tribunal (Rs.48,000/- was excessive). The tribunal has awarded Rs.30,000/- for pain and suffering. Claimant was bed-ridden for about ten months. Considering the injuries, we are of the opinion that Rs.30,000/- awarded is not excessive. The tribunal has also awarded Rs.15,000/- towards loss of earnings for five months. It is the contention of the claimant that M.A.C.A.No. 80/2003 3 he lost employment for ten months and the tribunal ought to have granted compensation for ten months instead of five months. He had to continue with the difficulties for ten months and to look after his dependants. He died only after ten months. Even though compensation for loss of dependency was granted, he was alive for about ten months, compensation for five months' loss of actual earning cannot be arbitrary. The tribunal also granted actual reimbursement of medical expenses and other actual expenses. We see no ground to interfere with the same. Therefore, from the total compensation Rs.48,000/- will have to be reduced and compensation payable will be Rs.3,90,609/- with interest and cost as awarded by the tribunal. Appeal allowed partly. J.B.Koshy Judge P.N.Ravindran Judge vaa M.A.C.A.No. 80/2003 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.C.A. No. 80 of 2003 ------------------------------------- Judgment Dated:29th July, 2008