High Court Kerala High Court

K.K. Gopinathan Nair vs V.A. Marakkar on 15 October, 2007

Kerala High Court
K.K. Gopinathan Nair vs V.A. Marakkar on 15 October, 2007
       

  

  

 
 
  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.
                        --------------------------------------
                         M.F.A.No.973 OF 2000
                        -------------------------------------
                        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