IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1404 of 2004()
1. C.A.GOPI, AGED 48, S/O.APPU,
... Petitioner
Vs
1. K.S.SURESH KUMAR, S/O. SAKARAN,
... Respondent
2. UNITED INDIA INSURANCE COMPAY LTD.,
For Petitioner :SRI.K.S.MADHUSOODANAN
For Respondent :SRI.PMM.NAJEEB KHAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :31/10/2008
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.A.C.A.No.1404 OF 2004
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Dated 31st October, 2008
JUDGMENT
Koshy,J.
Appellant/claimant sustained serious injuries in a motor
accident on 11.4.2000. Against a claim of Rs.1,70,000/=, the Tribunal
awarded only Rs.60,250/= inclusive of reimbursement of medical
expenses. The appellant produced disability certificate assessing 20%
disability issued by the Medical Board. The above certificate reads as
follows:
“This is to certify that we, the members of
the Special Medical Board have examined
Sri.C.A.Gopi, aged 47 yrs, S/o.Appu,
Chirattapurackal, Veliyathamparambu,
Nayarambalam, whose signature is given above,
on 21.04.2003 and have reached the following
conclusions. As per the discharge summary (OP
No:119757 – IP No:46896) issued from the
Modern Hospital, Kodungallur Ltd., Kodungallur,
Sri.C.A.Gopi met with a road traffic accident at
7.30 P.M. on 11.04.2000 and was referred from
Don Bosco Hospital, Paravoor on 11.04.2000 and
was referred from Don Bosco Hospital, Paravoor
on 11.04.2000 for the management of
intracranial injury. He had sudden loss of
consciousness, regained consciousness and
became disoriented. C.T. Scan revealed 1.
Fracture (Rt) temporal bone 2. (Lt) inferior
frontal haemorrhagic contusion and thin frontal
acute sub arachnoid haemorrhage (SDH) 3. Rt.
MACA.1404/2004 2
posterior temporal lobe confusion and thin
SDH. 4. Small punctuate bleeds in the
internal capsule (Rt) side and 5. Brain
oedema. He was admitted in the
Neurosurgery Department from 11.04.2000
to 22.04.2000. On discharge, he was
conscious, oriented with no neurological
deficit and was advised to continue
anticonvulsant Eptoin with regular follow up.
After discharge, the patient used to get
attacks of headache, giddiness, impaired
memory and convulsions on and off. As per
the certificate dated 05.10.2000, issued by
Dr.Thomas Vargheese, M.S.M.Ch., Consultant
Neurosurgeon, Little Flower Hospital &
Research Centre, Angamaly he was under
follow up treatment for head injury sequelae
which interfered with his routine work and
social well-being. Since he has the
Psychoneurotic state (as sequelae of head
injury) of extended, persistent symptoms,
enforcement of continued adjustment of
employment relations of moderate adjustment
required, his disability is assessed to be 20%
(Twenty percent).”
According to the appellant, even though the above certificate was
produced and marked as Ext.A8, it was not considered and the
Tribunal awarded only Rs.10,000/= for permanent disability. We note
that Rs.10,000/= was awarded for disability and another Rs.10,000/=
for loss of amenities . Rs.2,500/= was awarded for disfiguration and
Rs.20,000/= was awarded for pain and suffering. Since the
certificate issued by the medical board was not proved, we are of the
opinion that the Tribunal has given ample reasons for not accepting
MACA.1404/2004 3
the above assessment. However, considering the injuries suffered,
we award an amount of Rs.7,000/= more than that was awarded by
the Tribunal. The above amount of Rs.7,000/= should be deposited
by the third respondent insurance company with 7.5% interest from
the date of application till its deposit, over and above the amount
decreed by the Tribunal. On deposit of the amount, the appellant is
allowed to withdraw the same.
The appeal is partly allowed.
J.B.KOSHY
JUDGE
K.P.BALACHANDRAN
JUDGE
tks