IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 973 of 2000(D)
1. K.K. GOPINATHAN NAIR
... Petitioner
Vs
1. V.A. MARAKKAR
... Respondent
For Petitioner :SMT.SALLY THOMAS CHACKO
For Respondent :SRI.LAL GEORGE
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :15/10/2007
O R D E R
J.B.KOSHY & K.HEMA, JJ.
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M.F.A.No.973 OF 2000
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Dated 15th October, 2007
JUDGMENT
Koshy,J.
Appellant while travelling in a car, a bus bearing registration
No.KDE 1512 hit against the car and he sustained serious injuries.
Appellant claimed a compensation of Rs.2,00,000/=. The Tribunal found
that the accident occurred due to the negligence of the second
respondent who was driving the bus and the above bus was owned by the
first respondent and insured by the third respondent, but, total amount
of compensation awarded was only Rs.35,250/=. Only quantum of
compensation is disputed in this appeal. With regard to the income of
the appellant, Tribunal fixed Rs.3,000/= as the monthly income. He was
a Village Officer. Even though it was claimed that his monthly income
was Rs.4,500/=, no salary certificate was produced. A certificate was
produced before this court. Considering the above certificate also we
are of the opinion that fixation of monthly income at Rs.3,000/= was
reasonable. As far as the injuries are concerned, Ext.A10 is the copy of
the wound certificate and Ext.A5 is the discharge summary. It is proved
by Exts.A5 & A10 that in the accident the appellant sustained the
following injuries:
MFA.973/2003 2
“1) Lacerated wound over (Rt) eye, eye lid
2) Contusion (Rt) eye
3) 6 x 4 cm lacerated wound lateral to and abo (Rt)
eye
4) Swelling over (Rt) knee with contusion
5) 2 x <cm lacerated wound over (Rt) shoulder with
glass pieces
6) 5 x 2 cm lacerated wound over (Rt) arm distal 1/3rd
7) 5 x 1 = lacerated wound posterior aspect of (Rt)
shoulder with multiple abrasions
8) Cerebral concussion.”
He was admitted in the hospital on 14-3-94, removal of glass pieces
and suturing of wounds done by the orthopaedic surgeon and right
eye brow wound sutured by opthalmic surgeon and he was discharged
on 18.3.1994. Appellant produced Ext.A9 certificate of disability
assessed by the District Medical Board. In Ext.A9 certificate it is
certified that appellant has chronic frontal head ache right side with
occasional vertigo and defective closure of right eye and moderate
hearing loss right ear and has 10% disability. Admittedly, at the time
when Ext.A9 was issued the age of the appellant was 52 years. The
Tribunal did not accept the above disability certificate merely because
it is not stated that the disability is permanent and considering the
wounds in Ext.A10 certificate only Rs.5,000/= was awarded for
disability, loss of earning power, loss of amenities etc. The Tribunal
also found that the injuries cased disfiguration to his right humerus
and near the right eye and Rs.5,000/= was granted for disfiguration.
We are of the opinion that the Tribunal went wrong completely
disregarding the disability certificate issued by the Medical Board.
MFA.973/2003 3
The Medical Board issued Ext.A9 certificate on 11.10.1994, after
about seven months of the accident. The Board assessed actually his
permanent disability. It is true that appellant was employed as
Village Officer. His emoluments and retiral benefits are also not
affected. But, at the same time, retirement age of State Government
officials is only 55. He has to retire after three years. After
retirement also he can take up employment. That opportunity is lost.
He has to suffer the disability throughout his life. In the above
circumstances, since his employment was not affected we are not
awarding compensation on a multiplier method. We are of the view
that appellant is entitled to an additional amount of Rs.15,000/= for
disability, loss of learning power and loss of amenities, over and above
the decreed amount by the Tribunal. The above amount of
Rs.15,000/= should be deposited by the third respondent insurance
company with 7.5 % interest from the date of application till its
deposit. Since the accident occurred more than 13 years ago, on
deposit of the amount the appellant is entitled to withdraw the same.
The appeal is partly allowed.
J.B.KOSHY
JUDGE
K.HEMA
JUDGE
tks