IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 1198 of 2002()
1. SURESH P.K. S/O. KUMARAN,
... Petitioner
Vs
1. DILIP KUMAR M.K., MARANAIL HOUSE,
... Respondent
2. M/S. NEW INDIAN ASSURANCE CO.LTD.,
For Petitioner :SRI.T.K.KOSHY
For Respondent :SMT.M.HEMALATHA
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :15/02/2008
O R D E R
J.B. Koshy & K.Hema, JJ.
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M.F.A. No.1198 of 2002
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Dated this the 15th day of February, 2008
Judgment
Koshy,J.
Appellant/Claimant met with an accident at the age of
21 and he claimed compensation contending that the accident
occurred due to the negligence of the third respondent while riding
a motor cycle. The above vehicle was insured by the second
respondent. The accident occurred while the appellant was pedelling
a cycle on 24.9.1995. The tribunal awarded a compensation of
Rs.25,250/- only. Only quantum of compensation is disputed in the
appeal as accident, coverage of insurance etc. are not disputed.
The tribunal did not consider the disability certificate produced by
the claimant as the wound certificate produced was not clear. We
have also seen Ext.A4 wound certificate. It is not clear, but, original
of the wound certificate is produced before this Court which shows
the following injuries:
“Patient was unconscious, restless.
(1) Incised like wound on the low
interscapular region 3 x 0.5 c.m.M.F.ANo. 1198/2002 2
(2) Abrasion on the right side of back, over
the cervical and thoracic region.
(3) Incised like wound 2 x 0.5 c.m. on the
right scapular region 2 x 0.5 c.m.
(4) Abrasion on the back of right shoulder,
right leg and back of right ear.
(5) Contusions on the right parietal
occipital region and behind right ear.
(6) Bleeding from the right ear.
(7) Incised like wound on the left upper
thigh.
The patient was admitted in the
department of Neuro Surgery. Suturing of the
wounds were done under L.A. Ophthalmology
consultation was done for the 6th nerve palsy
and traumatic iridoplegia.
X-ray skull : No fracture.
C.T. scan brain : Thin extra dural
haematoma low posterior parietal region.”
The medical board consisting of five doctors certified that he was
having diplopia and lateral rietous palsy and there is 10%
permanent disability which is a mild disability. Considering the
wound certificate and other certificate of the Ophthalmologist, we
are of the opinion that compensation ought to have been awarded
for 10% disability and consequential loss of earning power. Tribunal
M.F.ANo. 1198/2002 3
fixed Rs.1,500/- as the monthly income even though he produced a
salary certificate showing that he was employed as a salesman. We
are of the opinion that the tribunal rightly rejected that certificate.
He was aged only 21 at the time of accident and the tribunal has
fixed Rs.1,500/- as the monthly income. We see no ground to
interfere in the same. We fix 17 as the multiplier taking guidance
from the second schedule. Therefore, compensation payable will be
Rs.1,500 x 12 x 17 x 10 = Rs.30,600/-. The tribunal has granted
100
Rs.8,000/- for pain and suffering. There was no fracture. We are of
the opinion that amount granted for pain and suffering is reasonable
as the accident occurred in 1995. For loss of amenities etc.,the
tribunal has awarded only Rs.2,000/-. We are of the opinion that
Rs.5,000/- could have been awarded for loss of amenities. Hence,
additional amount payable on this count is Rs.3,000/-. Since the
motor cycle hit the cycle, it needed extensive repairs and he spent
Rs.1,500/- for repairs of the cycle, but, no data was produced except
the oral evidence. But, Ext.A14 bill was produced. Considering the
value of the cycle itself, we award Rs.400/- for repairs of the cycle.
Therefore, he is entitled to an additional compensation of
Rs.34,000/- over and above the amount decreed by the tribunal.
M.F.ANo. 1198/2002 4
The above Rs.34,000/- should be deposited by the second
respondent insurance company with 7.5% interest from the date of
application till its deposit. On deposit of the above amount, the
appellant is allowed to withdraw the same.
J.B.Koshy
Judge
K. Hema
Judge
vaa
M.F.ANo. 1198/2002 5
J.B. KOSHY
AND
K.HEMA ,JJ.
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M.F.A. No.1198 of 2002
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Judgment
Dated:15th February, 2008