IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 463 of 2003(F)
1. PADMANABHAN, S/O. LATE KANDA
... Petitioner
Vs
1. P.K. BIJU, AGE NOT KNOWN,
... Respondent
2. P. RIYAS AGE NOT KNOWN,
3. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.N.J.ANTONY
For Respondent :SMT.D.GEETHA
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :16/07/2008
O R D E R
J.B. Koshy & P.N.Ravindran, JJ.
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M.F.A. No. 463 of 2003
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Dated this the 16th day of July, 2008
Judgment
Koshy,J.
Appellant sustained injuries in a motor accident.
Tribunal awarded an amount of Rs.52,386/- against a claim of
Rupees Two lakhs and directed the third respondent insurance
company of the offending vehicle to deposit the amount. The only
dispute is regarding the quantum of compensation. Ext.A6 wound
certificate shows that he had sustained fracture of left clavicle,
fracture of C7 lamina and other injuries. He was treated as an
inpatient for 22 days. Ext.A10 disability certificate shows that he
has got 25% permanent disability. It says as follows:
“The above mentioned patient was
admitted in this hospital on 16.11.1995
following a RTA. He had cervical cord injury and
(L) clavicle #. At present, he has the following
Neurological problems:
1. Wasting of (L) deltoid muscle and
restricted (L) shoulder movement due to
these he has difficulty in self care, i.e.,
disability is 20%.
2. Significant restriction of neck
movement disability 5%.
M.F.A.No. 463/2003 2
So, his total permanent disability is 25%
(Twenty five percent).”
Ext.A8 MRI scan report reads as follows:
“Disruption of the C6-C7 disc with mild
posterior listhesis of C7.
The posterior longitudinal ligament is
backled, but, intact.
The continuity of the dark line
representing the ligamenta Flava at the C6-C7
level is lost.
Abnormal high signal in the interspinous
area on T2 images indicate injury of the
interspinous ligament.
The spinal cord is of normal morphology
and signal character.
The left C6 lamina and the left C6-C7
facets are fractured.
Axial image shows obliteration of the left
C6-C7 neural foramen by soft tissue and bone
fragment.
Coronal scans show normal Brachial
Plesus trunks and divisions on both sides.
Vertbrae and idscs at other levels are
normal.
CV junction is normal.
Impression:-
C6-C7 fracture dislocation.
Rupture of ligamenta Flava, Rupture/Injury
of interspinous ligaments.
Fracture of left C6-C7 facets with probable
left C7 root injury.”The tribunal awarded no compensation for disability and loss of
earning power on a multiplier method, but, on a rough and
reasonable basis Rs.12,000/- was awarded. According to the
M.F.A.No. 463/2003 3
claimant, that is too low an amount and tribunal ought to have
awarded compensation on a scientific method. The claimant was
aged 45 at the time of accident. Therefore, the apt multiplier is 13.
The tribunal fixed monthly income of the claimant as Rs.2,500/-.
The accident occurred on 16.11.1995. The tribunal might have fixed
Rs.100/- per day as the income and he would have got work for at
least 25 days in a month and Rs.2,500/- might have fixed as the
monthly income. Further, in the absence of evidence, we are
unable to enhance the monthly income assessed by the tribunal.
With regard to the disability, even though the permanent disability
was certified as 25%, considering the disabilities mentioned, we are
of the view that only compensation for 10% disability would have
awarded. If that is so, compensation payable for permanent
disability and loss of earning power will be Rs.2,500 x 12 x 10 x 13
100
= 39,000/-. The tribunal awarded only Rs.15,000/- under the above
head. Therefore, additional compensation payable under this head
will be Rs.24,000/-. We are of the view that compensation granted
under other heads are just and reasonable. In the above
circumstances, we direct the third respondent insurance company to
deposit the above additional compensation of Rs.24,000/- over and
M.F.A.No. 463/2003 4
above the amount decreed by the tribunal with 7.5% interest from
the date of application till its deposit. On deposit of the amount,
the appellant is allowed to withdraw the same.
J.B.Koshy
JudgeP.N.Ravindran
Judgevaa
M.F.A.No. 463/2003 5
J.B. KOSHY
AND
P.N.RAVINDRAN,JJ.————————————-
M.F.A. No. 463 of 2003————————————-
Judgment
Dated:16th July, 2008