IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 1260 of 2001(B)
1. V.K. KIANIYAN
... Petitioner
Vs
1. M. SREENIVASAN
... Respondent
For Petitioner :SRI.JACOB ABRAHAM
For Respondent :SRI.THOMAS MATHEW NELLIMOOTIL,SC INSRNCE
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :12/11/2007
O R D E R
J.B.KOSHY & K.HEMA, JJ.
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M.F.A.No.1260 OF 2001
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Dated 12th November, 2007
JUDGMENT
Koshy,J.
Appellant while standing by the side of a road, a bus bearing
registration No.KL-11-4896 knocked down him on 28.3.95. The bus ran
over both legs of the appellant. He sustained multiple injuries including
compound fracture both bones right leg, crush injury on the left foot and
fracture medial mallelous left. He was in medical college hospital from
28.3.1995 to 14.6.1995. He was again admitted in the hospital from
4.7.1997 to 20.10.1997 and thereafter from 26.7.1998 to 13.9.1998. He
applied for compensation claiming an amount of Rs.8,00,000/=. The
Tribunal has awarded a compensation of Rs.1,02,800/=. Only quantum
of compensation is disputed in this appeal. The Tribunal found that the
accident occurred due to the negligence of the driver of the vehicle
insured by the second respondent insurance company and insurance
company was directed to deposit the amount ordered.
2. According to the claimant, he was earning Rs.3,000/= per month
and he was a mason by profession. Tribunal fixed only Rs.1,500/= as
monthly wages. He was aged 49 and maintaining a family. We are of the
opinion that being a mason he may earn more than Rs.100/= per day. He
MFA.1260/2001 2
claimed only Rs.3,000/= per month, but, there is no evidence
regarding the actual earnings. Anyway, he was maintaining a family.
Considering the wages of a mason in 1995, we are of the opinion that
at least Rs.2,500/= could be fixed as the monthly income. Disability
certificate assessing disability at 15% was accepted by the Tribunal.
The above disability certificate (Ext.X1) was issued by the medical
board. Tribunal has taken 13 as the multiplier. We see no ground to
enhance the above multiplier. Therefore, compensation payable for
15% disability will be Rs.58,500/= (Rs.2,500 x 12 x 15 x 13). The
100
Tribunal has granted only Rs.35,100/= taking Rs.1,500/= as the
monthly income. So, he will be entitled to an additional amount of
Rs.23,400/= towards disability and loss of earning capacity. Ext.A7 is
the treatment certificate. His injuries were proved by wound
certificate. Ext.A4 Name Index Card, Ext.A5 series of referral O.P.
Tickets and Ext.A6 admission/discharge book would show that there
was non-union of fracture tibia bilateral and he had to continue
treatment. He was in plaster caste for many times. The above
certificates would show that he was treated as inpatient for 187 days
in the hospital and he was under treatment for three and a half years
as repeated plaster caste has to be done in view of the non-union of
MFA.1260/2001 3
bones. But, for loss of actual earnings for the period of treatment only
Rs.6,000/= was given by the Tribunal. Even if we have taken
Rs.2,500/= as monthly income, he was in hospital for more than six
months and in plaster caste for about three years and four months.
Taking these, we are of the opinion that at least Rs.50,000/= should
be awarded to him for the actual loss of earnings for the period under
treatment as he was not able to do nay work and he was in plaster
caste for more than three and a half years. Even now fractures are
not united. Therefore, he will be entitled to an additional amount of
Rs.44,000/= under that count. It is stated that he was staying in
Perumannamoozhi which is about 60 kmts. away from the hospital.
He was given only Rs.400/= for transportation charges. We are of the
opinion that another Rs.1,600/= ought to have been granted for
transportation charges. It is submitted that the amount awarded for
treatment expenses and future treatment expenses is very low. Only
actual medical expenses covered by bill were reimbursed. For
treatment in the hospital, there would be a lot of expenses which are
not covered by bills. Hence, we award Rs.1,000/= more on that
count. Thus additional compensation payable will be Rs.70,000/=.
The above amount of Rs.70,000/= should be deposited by the second
respondent insurance company with 7.5% interest from the date of
MFA.1260/2001 4
application till its deposit, over and above the decreed amount by the
Tribunal. On deposit of the amount, appellant is allowed to withdraw
the same.
The appeal is allowed partly.
J.B.KOSHY
JUDGE
K.HEMA
JUDGE
tks