IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 MACA.No.622 of 2003 ------------------------- O.P.(MV).1992/1997 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------ JACOB VARGHESE, S/O. P.V. ITTYKUNJU, PARIYARAMPADATHU, PARIYARAM KARA, PUTHUPPALLY VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.T.K.KOSHY RESPONDENTS: RESPONDENTS: ------------------------------------- 1. ELIZABETH MATHEW, W/O. P.O. MATHEW, PULIMOOTTIL HOUSE, MARIYATHURUTHU P.O. 2. JAIN KUMAR, S/O. KARUNAKARAN, KODITHANAM HOUSE, MULAMKUZHA, KAKOOR KARA, NATTAKOM VILLAGE, KOTTAYAM. 3. THE NATIONAL INSURANCE CO.LTD., KOTTAYAM DIVISIONAL OFFICE, KOTTAYAM. BY ADV. SRI.SURIN GEORGE IPE SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A No.622 of 2003 ------------------------------------------------ Dated this the 18th day of September, 2008 JUDGMENT Koshy, J The appellant at the age of 30 sustained injuries in a motor accident on 04/11/96. He claimed a total compensation of Rs.5 lakhs. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent/ Insurance Company and awarded an amount of Rs.1,03,000/- inclusive of reimbursement of expenses. The only dispute is regarding the quantum of compensation. 2. According to the appellant, he was a partner in a business concern M/s Aiswarya Timbers, Pariyaram, Kottayam. He was also running a poultry farm. The Tribunal has taken only Rs.2,000/- as the monthly income. M. A. C. A No.622 of 2003 -2- According to the appellant/claimant, his monthly income was above Rs.5,000/-. He was maintaining a family. Considering the facts and circumstances of the case, we fix the monthly income of the appellant at Rs.3,000/-. As far as his injuries are concerned, he had fracture to both bones of right leg and fracture 5th metacarpel apart from other abrasions etc. Medical Board certified 24% disability. However, Tribunal awarded only 10% disability. The Medical Certificate issued by the Government Medical College Hospital, Kottayam certified 24% permanent disability. The Medical Certificate reads as follows:- “We find that he/she is suffering from:- 1) Type 2 open compd # both bone Rt. Leg. 2) # Neck of 5th metacarpal (Rt) 3) Multiple Lacerations of Hand (Rt) forearm (Rt), Leg (Rt). 4) Bouttenaire deformity of the ring finger (Rt) 5) Heeled scars on IV wet space and over extensor aspect of IV PIP joint. and hence he/she is a Locomotor/ M. A. C. A No.622 of 2003 -3- Visual/Speech/and Hearing/Mentally handicapped person and the resultant permanent/ partial disability is assessed to be 24% (Twenty Four percent only) and comes under the category M12”. 3. The Tribunal assessed only 10% disability. Reasons for disagreeing with the Medical Board certificate was not mentioned. It is the contention of the appellant that in the Saw Mill, he himself was doing the work and he was unable to do the work because of his injury. However, considering the injuries concerned, we are of the opinion that 24% disability is on the higher side. But at the same time, considering the certificate and injuries we fix disability at 15%. He was aged 30 years. As per the Second Schedule if the motor accident victim is aged between 25 and 30, multiplier is 18 and between 30 and 35 multiplier is 17. We take 17 as the multiplier. Therefore, compensation for disability and loss of earning capacity will be Rs.91,800/- (Rs.3,000/- x 12 x 15/100 x M. A. C. A No.622 of 2003 -4- 17). The Tribunal has awarded Rs.36,000/- for disability and Rs.10,000/- for loss of earning power. That has to be deducted. Therefore, additional amount payable for permanent disability and loss of earning power will be Rs.45,800/-. Since we have increased the monthly income by Rs.1000/- he is entitled to Rs.6,000/- more for actual loss of earning for a period of six months of treatment. 4. It was contended that for transportation expenses only Rs.1,000/- was granted and after his discharge from the long inpatient treatment he had to go to hospital several times. O.P treatment continued for nine months. Ext.A14 Taxi bills for Rs.7,970/- is produced to substantiate his claim. Hence, we award Rs.3,200/- more for transportation and incidental expenses. It is submitted that compensation granted for medical expenses, pain and sufferings, loss of amenities etc. M. A. C. A No.622 of 2003 -5- are very low. Considering the total amount granted, we are not enhancing the same. The additional amount of Rs.55,000/- should be deposited by the third respondent/Insurance Company 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 same, the appellant is allowed to withdraw the same. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-