Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH THURSDAY, THE2D DAY OF JANUARY201412TH POUSHA, 1935 MACA.No. 462 of 2009 (B) ------------------------------------ [AGAINST THE AWARD DATED2605/2008 IN O.P.(M.V).NO. 256/2005 OF THE PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE] ............ APPELLANT/PETITIONER: ------------------------------------- P.MANI, AGED68YEARS, S/O.LATE KRISHNA IYER, ANUPAMA, 2/2135, CIVIL STATION P.O., KOZHIKODE-20. BY ADVS.SRI.JACOB ABRAHAM, SMT. KOCHUMOL KODUVATH. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. VIJAYA KUMAR, S/O.SREEDHARAN ADIYODI, 2/1934, ELLATH HOUSE, ERANHIPALAM P.O, KOZHIKODE-6.
2. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD., THRIPURI BUILDING, EAST NADAKKAVU, KOZHIKODE-11. R1 BY ADV. SRI.E.NARAYANAN, R2 BY ADV. SRI.P.MURALEEDHARAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON0201-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. S. SIRI JAGAN & BABU MATHEW P. JOSEPH, JJ.
- - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.462 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January, 2014
JUDGMENT
S. Siri Jagan, J.
The claimant in O.P.(M.V.) No.256/2005 before the Motor Accidents Claims Tribunal, Kozhikode, is the appellant herein. He met with a motor vehicle accident on 20.06.2004, in which, he sustained head injury. At the time of accident he was 68 years old. He claimed to be engaged in the avocation of assisting a PWD contractor, earning Rs.6,000/- per month as income. He filed the O.P. claiming compensation for the injuries and consequent disability sustained by him on account of the accident caused by the negligent driving of a vehicle owned and driven by the 1st respondent and insured with the 2nd respondent. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded compensation under various heads as follows: M.A.C.A. No.462 of 2009 -2- Medical Bills : Rs.22,000/- Incidental charge : Rs. 4,000/- Pain and suffering : Rs.15,000/- Loss of notional income : Rs. 3,000/- Transportation : Rs. 1,000/- ---------------- Rs.45,000/- ======= Dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has filed this appeal seeking enhanced compensation.
2. Since the appellant claimed compensation for loss of earning capacity as well and he had not produced any disability certificate before the Tribunal, as requested by the appellant, we referred him for examination by the Medical Board of the Medical College Hospital, Calicut for ascertaining his permanent disability, if any. The Medical Board has forwarded a certificate to this Court certifying 25% neurological disability for the appellant. It is further stated in the certificate that for ascertaining his psychiatric disability it is necessary to evaluate the same by 'in-patient' evaluation. But the appellant was not prepared to undergo 'in-patient' evaluation and therefore, his psychiatric M.A.C.A. No.462 of 2009 -3- disability has not been evaluated. The appellant submits that he is entitled to enhancement of compensation under all heads.
3. On the other hand the learned counsel for the insurance company points out that the appellant was 68 years old at the time of accident and as such the compensation awarded by the Tribunal is just and fair and does not warrant interference at the hands of this court.
4. We have considered the rival contentions in detail.
5. We have perused the discharge summary of the appellant. Although the same has not been marked in evidence, the counsel for the appellant produced it before us the documents relating to his prolonged treatment for more than six months. That shows that he was under prolonged treatment for more than six months. He was an in-patient for 19 days. He was unconscious when he was brought to the hospital after the accident. The discharge summary shows that his consciousness improved only M.A.C.A. No.462 of 2009 -4- gradually. Therefore, for quite some period he was unconscious. The learned counsel for the appellant would contend that out of 19 days' hospitalisation he was unconscious for 16 days. The appellant had produced medical bills for Rs.24,975/-. But the Tribunal awarded only Rs.22,000/- towards medical bills. After going through the discharge summary, we are of opinion that the appellant is entitled to some more amount towards treatment expenses. Therefore, we fix the treatment expenses as Rs.30,000/- instead of Rs.22,000/- awarded by the Tribunal. The difference is Rs.8,000/-. Considering the prolonged treatment undergone by the appellant, we increase the compensation for pain and suffering to Rs.20,000/- from Rs.15,000/-. Although no evidence has been adduced regarding his income, we fix the notional income as Rs.3,000/- per month, since the accident was on 20.06.2004. Since he was out of action for about six months, we award Rs.18,000/- towards loss of earnings for the period of treatment. We are inclined to take the 25% permanent M.A.C.A. No.462 of 2009 -5- disability certified by the Medical Board for the purpose of calculating loss of earning capacity. The multiplier applicable is 5. If the compensation for loss of earning capacity is calculated on the basis of these inputs, the appellant will be entitled to Rs.45,000/- (3000 x 12 x 5 x 25%) under that head.
6. The disability certificate issued by the Medical Board states thus: We after careful examination of Sri.P. Mani, S/o. Krishna Iyer (Late), Anupama, 2/2135, Civil Station P.O. Calicut, whose signature is given above, certify that he is having post traumatic sequelae of head injury, with bilateral temporal lobe contusion, history of recurrent episodes of seizure on treatment, behavioural disturbances and memory deficit and is physically handicapped. His percentage of permanent disability due to the injury is 25% and occupational disability due to the injury is .............. The certificate is marked as Ext.A6. Considering these aspects, we award an amount of Rs.20,000/- towards loss of amenities and enjoyment in life. We are not inclined to interfere with the compensation awarded under the other heads. Adding together, the appellant would be entitled to get an additional compensation of Rs.93,000/- over and M.A.C.A. No.462 of 2009 -6- above what has been awarded by the Tribunal. This amount would carry interest at the rate of 9% per annum from the date of the claim petition till date of payment. The 2nd respondent insurance company is directed to deposit this amount also within two months. With the above modification of the impugned award, the appeal is disposed of. Sd/- S. SIRI JAGAN, JUDGE Sd/- BABU MATHEW P. JOSEPH, JUDGE shg/