High Court Kerala High Court

U.K.Selvaraj vs Mr. Kunjahammed on 7 July, 2008

Kerala High Court
U.K.Selvaraj vs Mr. Kunjahammed on 7 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 955 of 2006()


1. U.K.SELVARAJ, S/O. KRISHNANKUTTY,
                      ...  Petitioner

                        Vs



1. MR. KUNJAHAMMED,
                       ...       Respondent

2. THE UNITED INDIA INSURANCE CO. LTD.,

                For Petitioner  :SRI.VIVEK VARGHESE P.J.

                For Respondent  :SRI.S.MAMMU

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :07/07/2008

 O R D E R
                 J.B.Koshy & P.N.Ravindran, JJ.
               =====================
                    M.A.C.A.No.955 of 2006
               =====================

             Dated this the 7th day of July, 2008.

                            JUDGMENT

Koshy,J.

The appellant – claimant sustained injuries in a motor

accident on 9.7.1998. The Tribunal found that the accident

occurred due to the negligence of the first respondent, the driver

of the bus insured by the second respondent. But against a claim

of Rs.1,50,000/-, the Tribunal awarded only Rs.45,750/-. The

only dispute is regarding the quantum of compensation.

2. The Tribunal did not award any compensation for

permanent disability and consequential loss of earning power.

The injuries as found by the Tribunal are as follows:

“The petitioner sustained the following injuries

as revealed from Ext.A6 wound certificate issued

from Medical Trust Hospital:

“1. Black eye right.

2. Bleeding from the left ear.

3. Fracture of right clavicle and left clavicle.

MACA 955/06 -: 2 :-

4. Fracture of right second toe.

5. Lacerated wound of right wrist 1×0.5 cm x

0.5 cm.

6. Small lacerated wound 0.5 x 0.5 cm on the

right side of chest and right arm.

7. Abrasion on the right forearm.

8. Fracture of right zygoma.

Orthopaedic consultation was done for the

fracture of both clavicle and right 2nd metatarsal

bone.

X-ray chest – Fracture of left and right clavicles.

X-ray right foot – Dislocation of proximal

interphalangeal joint of 2nd toe.

Fracture of proximal phalanx of 4th

toe shaft.”

Petitioner was in the hospital for 17 days. Ext.A7 is

the discharge summary. Petitioner suffered bilateral

clavicle fracture, dislocation of PIP joint and fracture

of proximal phalang of 4th toe (R). The treatment

was conservative. Ext.A8 is the certificate issued by

the hospital stating that petitioner had also suffered

mild head injury. There was fracture to left temporal

bone.”

3. According to the claimant, he is unable to drive long

trips. According to the Tribunal, since he is able to drive, it

MACA 955/06 -: 3 :-

cannot be said that he has permanent disability. But for the loss

of amenities of life, Rs,12,000/- was awarded. Considering the

injuries mentioned in the medical certificate we have referred the

matter to the Medical Board, Medical College Hospital, Kottayam

for assessing the permanent disability if any. The Doctor certified

that permanent disability suffered by the appellant is 5%. So,

the compensation can be calculated for 5% disability. He was

aged 31 at the time of the accident. The accident occurred in

1998. Taking the guidance from the 2nd Schedule, 17 can be

fixed as multiplier. He was a driver by profession. He was

maintaining a family. Even if he was getting only Rs.100/- per

day, Rs.2,500/- can be fixed as monthly income for 25 days work

in a month. So, we fix Rs.2,500/- as monthly income. If that be

so, the compensation payable for 5% disability will be

Rs.25,500/- (2500x12x5/100×17). The Tribunal has awarded

Rs.12,000/- for loss of amenities. Considering the fact that no

compensation was awarded for permanent disability, loss of

earning power and loss of amenities, etc., he is entitled to

Rs.13,500/-. The claimant had three fractures. According to the

claimant he was advised to take best rest for six months.

MACA 955/06 -: 4 :-

Considering the above facts we are of the opinion that he was not

able to do the work for at least four months. Therefore, for loss

of actual earnings for four months he is entitled to Rs.10,000/-.

The Tribunal has granted Rs.3,000/- for actual loss of earnings.

So, the additional amount he is entitled to for the actual loss of

earning is Rs.7,000/-. Thus, the total additional amount payable

is Rs.20,500/-. We are of the opinion that sufficient

compensation has been granted under other heads.

4. The additional amount of Rs.20,500/- 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 amount, the appellant is allowed to withdraw the

same.

The appeal is partly allowed.

J.B.Koshy,
Judge.

P.N.Ravindran,
Judge.

ess 19/7