IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 MFA.No. 738 of 2002() --------------------- OPMV.2512/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: --------------------- P.P.SAKEER, AGED 24 YEARS, S/O. MUHAMMEDKOTY, VELLETHUMPADAM HOUSE, P.O.NALLALAM BAZAR, CALICUT. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS/RESPONDENTS: ------------------------ 1. V.P.SREEDHARAN, S/O. NAYADIKKUTTY, VALLYATTILPALET HOUSE, PUTUKKAD P.O. FEROKE, KOZHIKODE DISTRICT. 2. HEMAKUMAR, S/O. KUTTIAPPU, THAYYILTHODI VEEDU P.O., FEROKE, PUTTAKKAD, KOZHIKODE DISTRICT. 3. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO.LTD., DIVISIONAL OFICE, MANUEL SONS COMPLEX, MUTHARAKULAM CALICUT. 4. ASHA C.I., IGA,M/S.JAYASREE AUTOMOBILES ARYA,VADAPPE P.O., VAHARI, MAHARASTRA. 5. THE NEW INDIA ASSURANCE CO.LTD., DIVISIONAL OFFICE, BOMBAY. BY ADV. SRI.LAL GEORGE FOR R5 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.738 OF 2002 (E) ----------------------------------- Dated this the 12th day of March, 2008 J U D G M E N T KOSHY,J. Appellant claimant sustained serious injuries in a motor accident on 24.3.1993. He claimed compensation of Rs.3,00,000/-. Tribunal found that accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. Tribunal awarded only Rs.36,000/- and Insurance company was directed to deposit Rs.36,000/- with interest. Only dispute is regarding the quantum of compensation. 2. After the accident, he was first admitted in the Beach Hospital, Calicut and then referred to the Medical College, Hospital, Calicut. He was treated as inpatient for five days in that hospital. Again he was admitted in the Medical College Hospital, Calicut and was treated as inpatient for 22 days. Ext.A2 is the referral O.P. card of the Medical College Hospital, MFA.738/02 2 Calicut. Medical certificate produced shows that there was fracture of pelvis and fracture of ulna and it was not united as can be seen from Ext.A4 discharge summary. The medical certificate shows that totally he was in the hospital as inpateint for 28 days. Tribunal did not award any compensation for disability, loss of earning capacity and loss of amenities despite fracture of ulna, pelvis etc. According to the claimant, he was a coolie getting Rs.1,800/- per month. Tribunal did not calculate compensation in a multiplier method. It appears that tribunal has granted Rs.7,500/- for loss of actual earning during the treatment period of five months taking Rs.1,500/- as the monthly income, even though Rs.1,800/- was claimed as the monthly income. According to the claimant, he was a coolie. Because of the pelvis fracture as well as the fracture of ulna, his hand and leg are disabled and he is unable to do any work. No disability certificate was produced. Loss of earning capacity was not assessed. In the absence of certificate, we are unable to grant compensation on a multiplier method. But in view of these fractures, we are of the view that at least compensation of Rs.15,000/- can be awarded for disability, loss of earning power, loss of amenities and all after effects of the injuries. MFA.738/02 3 Medical expenses were reimbursed. Compensation granted under other heads are just and reasonable. In these circumstances, 3rd respondent Insurance company is directed to deposit Rs.15,000/- with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the above amount, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.738 OF 2002 (E) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 12th March, 2008