IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 MFA.No. 1198 of 2002 ------------------------------- O.P (MV).NO.1546/1996 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM. .................... APPELLANT/ PETITIONER: -------------------------------------- SURESH P.K. S/O. KUMARAN, PANAKAPADAM HOUSE, NEAR THURUTHI TEMPLE, MARADU NORTH, MARADU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.T.K.KOSHY, ADV. SRI.K.P.POULOSE. RESPONDENTS/ RESPONDENTS 1 & 2: -------------------------------------------------------- 1. DILIP KUMAR M.K., MARANAIL HOUSE, EROOR P.O., TRIPUNITHURA, ERNAKULAM DISTRICT. 2. M/S. NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE (761 002) 741/A, FIRST FLOOR, OPPOSITE NEW MUNICIPAL BUS STAND, THRIPUNITHURA, PIN-682 301. (R3 BEFORE THE COURT BELOW IS NOT A NECESSARY PARTY AND HENCE NOT INCLUDED IN THE PARTY ARRAY OF THIS APPEAL). BY ADV. SMT.M.HEMALATHA - R2, SRI.P.B.ASOKAN- R1, SRI.R.VINU RAJ, SRI.E.A.THANKAPPAN. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 15/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.F.A. No.1198 of 2002 --------------------------------------- Dated this the 15th day of February, 2008 Judgment Koshy,J. Appellant/Claimant met with an accident at the age of 21 and he claimed compensation contending that the accident occurred due to the negligence of the third respondent while riding a motor cycle. The above vehicle was insured by the second respondent. The accident occurred while the appellant was pedelling a cycle on 24.9.1995. The tribunal awarded a compensation of Rs.25,250/- only. Only quantum of compensation is disputed in the appeal as accident, coverage of insurance etc. are not disputed. The tribunal did not consider the disability certificate produced by the claimant as the wound certificate produced was not clear. We have also seen Ext.A4 wound certificate. It is not clear, but, original of the wound certificate is produced before this Court which shows the following injuries: "Patient was unconscious, restless. (1) Incised like wound on the low interscapular region 3 x 0.5 c.m. M.F.ANo. 1198/2002 2 (2) Abrasion on the right side of back, over the cervical and thoracic region. (3) Incised like wound 2 x 0.5 c.m. on the right scapular region 2 x 0.5 c.m. (4) Abrasion on the back of right shoulder, right leg and back of right ear. (5) Contusions on the right parietal occipital region and behind right ear. (6) Bleeding from the right ear. (7) Incised like wound on the left upper thigh. The patient was admitted in the department of Neuro Surgery. Suturing of the wounds were done under L.A. Ophthalmology consultation was done for the 6th nerve palsy and traumatic iridoplegia. X-ray skull : No fracture. C.T. scan brain : Thin extra dural haematoma low posterior parietal region." The medical board consisting of five doctors certified that he was having diplopia and lateral rietous palsy and there is 10% permanent disability which is a mild disability. Considering the wound certificate and other certificate of the Ophthalmologist, we are of the opinion that compensation ought to have been awarded for 10% disability and consequential loss of earning power. Tribunal M.F.ANo. 1198/2002 3 fixed Rs.1,500/- as the monthly income even though he produced a salary certificate showing that he was employed as a salesman. We are of the opinion that the tribunal rightly rejected that certificate. He was aged only 21 at the time of accident and the tribunal has fixed Rs.1,500/- as the monthly income. We see no ground to interfere in the same. We fix 17 as the multiplier taking guidance from the second schedule. Therefore, compensation payable will be Rs.1,500 x 12 x 17 x 10 = Rs.30,600/-. The tribunal has granted 100 Rs.8,000/- for pain and suffering. There was no fracture. We are of the opinion that amount granted for pain and suffering is reasonable as the accident occurred in 1995. For loss of amenities etc.,the tribunal has awarded only Rs.2,000/-. We are of the opinion that Rs.5,000/- could have been awarded for loss of amenities. Hence, additional amount payable on this count is Rs.3,000/-. Since the motor cycle hit the cycle, it needed extensive repairs and he spent Rs.1,500/- for repairs of the cycle, but, no data was produced except the oral evidence. But, Ext.A14 bill was produced. Considering the value of the cycle itself, we award Rs.400/- for repairs of the cycle. Therefore, he is entitled to an additional compensation of Rs.34,000/- over and above the amount decreed by the tribunal. M.F.ANo. 1198/2002 4 The above Rs.34,000/- should be deposited by the second respondent insurance company with 7.5% interest from the date of application till its deposit. On deposit of the above amount, the appellant is allowed to withdraw the same. J.B.Koshy Judge K. Hema Judge vaa M.F.ANo. 1198/2002 5 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No.1198 of 2002 ------------------------------------- Judgment Dated:15th February, 2008