IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 1174 of 2001(D)
1. ANTONY.K.D. @ ANTO
... Petitioner
Vs
1. D.ASHRAF
... Respondent
For Petitioner :SRI.THOMAS ANTONY
For Respondent :SRI.PMM.NAJEEB KHAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :17/06/2008
O R D E R
M.N. KRISHNAN, J.
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M.F.A.NO. 1174 OF 2001
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Dated this the 17th day of June, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kozhikode in OP(MV)582/90. The
claimant had sustained an injury on the nose besides a
fracture of the nasal bone. He was treated as an inpatient in
the Medical College Hospital, Kozhikode for a day. Thereafter
he got himself discharged and got admitted in a private
nursing home called Rajendra Nursing Home. The award of
the Tribunal would reveal, on examination from there, it was
found that the claimant had sustained a fracture on the
transverse process of the 3rd and 4th lumbar vertebra. The
Tribunal did not consider regarding any disability and awarded
a compensation of Rs.15,000/- for pain and sufferings,
Rs.2,000/- towards medical expenses, Rs.1,500/- towards
incidental expenses and Rs.1,500/- towards compensation for
loss of actual earnings.
MFA 1174 of 2001
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2. Subsequently an application was filed for review
along with a disability certificate, a copy of which is made
available to me. The Doctor has certified regarding the
fracture of the nasal bone as well as the fracture of the L3 and
L4 spine and it is further stated that he has got a recurring
attack of sinusitis besides stiffness of the spine and therefore
he will not be able to squat or walk freely. Taking into
consideration all these aspects the disability is assessed at
15%. At the same time, it has to be stated that this Doctor
was not examined. But the fact remains that there was a
fracture of the nasal bone as well as lumbar vertebra, there is
nothing wrong in at least fixing the disability at 7%. If the
disability is taken at 7% and income at Rs.1,500/-, then the
loss of earnings would come to Rs.1,260/- per annum and by
applying a multiplier of 16, the disability compensation would
come to Rs.20,160/-. Therefore the claimant is entitled to an
additional compensation of Rs.20,160/-.
In the result the MFA is partly allowed and the claimant
is awarded an additional compensation of Rs.20,160/- with 7%
MFA 1174 of 2001
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interest on the said sum from the date of petition till
realisation and the insurance company is directed to deposit
the same within a period of ninety days from the date of
receipt of a copy of the judgment.
M.N. KRISHNAN, JUDGE.
ul/-
MFA 1174 of 2001
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M.N. KRISHNAN, J.
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M.F.A. No. 85 OF 2000
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J U D G M E N T
17th June, 2008.