Kerala High Court
Mohammed vs Vadakkot Parambil Prakasan on 20 October, 2006
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 569 of 1998()
1. MOHAMMED
... Petitioner
Vs
1. VADAKKOT PARAMBIL PRAKASAN
... Respondent
For Petitioner :SRI.P.V.SURENDRANATH
For Respondent :SRI.LLOYD JOSEPH VIVERA
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :20/10/2006
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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M.F.A.No.569 Of 1998
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Dated this the 20 th day of October, 2006.
JUDGMENT
A jeep and a bus collied on 10.10.92. The Tribunal held that the said accident resulted out of the negligence of the driver of the bus and granted compensation to the appellant claimant who was a passenger in the jeep. This appeal is filed challenging the quantum of compensation fixed. The insurer of the bus is represented.
2. Among the lower court records document number 29 produced by the claimant before the Tribunal was unfortunately not marked.
That is a reference card of the Medical College Hospital, Calicut which relates to a particular treatment period. The claimant had given evidence as PW1 about such hospitalisation. However since that document omitted to be marked the injuries noted there in and other details have escaped the notice of the learned Tribunal. Hence the said document is received as additional evidence and the same is accordingly admitted and marked up as Ext.A6 following the documents marked by Tribunal.
3. The appellant, a male, then aged 35 years, had a lacerated wound on the left upper eyelid 4cm X 1/2cm deep, a crush injury on the right side of the face, a lacerated wound on the nose root and a lacerated wound 1 X 1/4cm on the right chin. These are the wounds evidenced by Ext.A2 wound certificate and Ext.A3 index card which shows that the petitioner was admitted in the hospital from 10.10.92, the date of accident, till 17.10.92. Following the accident, he was taken to the Government Hospital, Tirur and from there, to the Medical College Hospital, Calicut. Going by Ext. A6, admitted in evidence in this appeal, he was readmitted to the Medical College Hospital on 31.10.92 and discharged on 7.11.92. The reason for that hospitalisation was, as given in Ext.A6, the requirement to have an inter costal drainage, the claimant having developed pneumo thorax on the left side of the lung, as a result of the road traffic accident, though there was no evidence of fracture on any rib. The diagnosis was traumatic pneumo thorax and he was relieved of the situation after treatment. He was admitted on 31.10.92, operated on 1.11.92 for the purpose of the said inter costal drainage and discharged on 7.11.92. He had been subjected to x-ray examination of the chest and various other lab analysis and clinical examinations. He was there after directed to report for review after three weeks after being administered paracetamol for 5 days.
4. Having regard to the injuries to the face including that of the eyelid, and the internal injury leaving to the surgical procedure which he had to undergo as a result of the traumatic pneomo thorax, the claimant ought to have been awarded an amount of Rs.10,000-/ towards pain and suffering.
5. As a result of the traumatic pneomo thorax evidenced by Ext.A6 and the surgical procedure for inter costal drainage done on 1.11.92, it will be only reasonable to hold that the claimant, who is a wood cutter, had lost his earnings for four months from 10.10.92, the date of accident to 10.2.93, that is, till the end of three months after the discharge following the inter costal drainage evidenced by Ext.A6. By the second schedule to the Act of 1988, introduced in 1994, the annual income of a non-earning person can be taken as Rs.15,000/-. The claimant gave evidence that he was getting Rs.100 per day. Under such circumstances I deem it appropriate to fix his monthly income during the aforesaid period of four months is Rs.1,250/- per month.
Hence the appellant will be entitled to an amount of Rs.1,250 X 4, Rs.5,000/-, as loss of earnings.
6. An amount of Rs.1,000/- is awarded towards transport to hospital since the petitioner was first removed to Government Hospital, Tirur and then to the Medical College Hospital and there from where he operated and later on readmitted and on discharge and follow up review as an out patient.
7. Having regard to the injuries refracted by Ext.A6, the petitioner is entitled to an amount of Rs.500/- towards extra nourishment.
8. The compensation towards medical expenses fixed by the Tribunal Rs.600/- is revised to Rs.1,000/-.
9. The claimant is therefore entitled to a total compensation of Rs.17,500/-. Deducting there from an amount of Rs. 4,150/- awarded by the Tribunal, the claimant is entitled to an amount of Rs.13,350/-.
In the result this appeal is allowed in part, awarding the appellant claimant an additional amount of Rs.13,350/- with interest at the rate of 12% per annum from 23.2.93 till the date on which the insurer has satisfied the impugned award and there after at the rate of 6% per annum till realisation. Third respondent, the insurer, is directed to satisfy this award within a period of 2 months. No costs.
THOTTATHIL B. RADHAKRISHNAN, JUDGE.
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