IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 1013 of 2001()
1. M.D. VARGHESE
... Petitioner
Vs
1. SHAJI PULIYAKKADU
... Respondent
For Petitioner :SRI.JOSE THETTAYIL
For Respondent :SMT.K.C.BEENA
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :20/06/2007
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.F.A.No.1013 OF 2001
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Dated 20th June, 2007
JUDGMENT
Koshy,J
.
The appellant herein is the petitioner in O.P.(M.V)
No.943/94 on the file of the Motor Accidents Claims Tribunal,
Perumbavoor. The above petition was filed claiming
compensation on account of the serious injuries sustained by
the appellant in a motor vehicle accident occurred on
20.12.1993. When the appellant was riding his motor cycle
through the Angamaly-Manjapra road, a scooter bearing
Reg.No.KLG-82 ridden by the 2nd respondent coming in a rash and
negligent manner hit the motor cycle causing the accident and
injuring the appellant seriously. The Tribunal found that
the accident occurred due to the negligence of the driver of
the vehicle insured by the third respondent insurance company,
but, only Rs.16,700/= as compensation was awarded against a
claim of Rs.1,62,100/=. The only dispute is regarding the
quantum of compensation.
2. For calculating compensation for loss of income
for the period of treatment, Tribunal has taken only
Rs.1,000/= as monthly income. Under the second schedule,
notional income of a non-earning person is fixed at
MFA.1013/2001 2
Rs.1,250/=. Appellant was aged 40 at the time of the
accident. He was a business man. He was maintaining a
family. We are of the opinion that fixation of maintenance
at Rs.1,000/= is very low. In the circumstances of the
case, we fix the monthly income at Rs.1,500/=. He was
under treatment for two months. Hence, for loss of earning
for the period of treatment, he is entitled to get
Rs.1,000/= more. The appellant was hospitalised and was
treated as an inpatient in the Medical Trust Hospital,
Ernakulam and Little Flower Hospital, Angamaly. He had
sustained injuries such as (1)Fracture of nasal bones with
nasal bleeding (2) Depressed fracture of mid frontal (sinus
region) (3) Multiple injuries (4) Lacerated wound (L) eye
brow (5) Lacerated wound (L) side upper lip. Due to the
injuries, his ability to work may not have been affected
much, but, there is disfiguration of the face and frequent
sinus problems. For disability and loss of earning
capacity no amount was awarded. But, for disfiguration an
amount of Rs.1,000/= was awarded. Considering the nature
of injuries, its after effects and disfiguration together,
we are of the opinion that he can be awarded an amount of
Rs.5,000/=. He claimed bills for Rs.15,000/= towards
medical expenses. One is for treatment incurred following
the accident. After two months of the accident he had
chest pain and admitted in Angamaly hospital. Tribunal did
not accept that the same is due to the accident though it
is submitted by the claimant that it is one of the after
MFA.1013/2001 3
effects of the accident as due to the disfiguration he was
totally upset. But, only actual bills produced were
reimbursed for the treatment taken for the first one month.
According to the appellant, there were many expenses not
covered by bills. It is also stated that accident occurred
at Angamaly. He was admitted in a hospital in Ernakulam.
But, only Rs.100/= was awarded as transport expenses. For
transport expenses and treatment expenses we award
Rs.1,000/= more. Thus, appellant will be entitled to
Rs.7,000/= more. The above amount should be deposited by
the third respondent insurance company, over and above the
decreed amount by the Tribunal, with 8% interest from the
date of application till its deposit. On deposit,
appellant is free to withdraw the same.
The appeal is partly allowed.
J.B.KOSHY
JUDGE
K.P.BALACHANDRAN
JUDGE
tks