MFA No. 1365 of 1999 · Kerala High Court
Case at a glance
- Decided
- 26 May 2008
- Bench
- P N RAVINDRAN
Judgment
MFA.1365/993months she was under treatment and granted five months income as loss of actual earnings and Rs.5,000/- was allowed on that count. Since we have increased the income from Rs.1,000/-to Rs.1,800/-, she is entitled to Rs.4,000/- more on that ground. She claimed Rs.20,000/- towards medical expenses. But tribunal only allowed Rs.3,600/- on that ground. The fact that three operations and K.wire fixation was done and she was treated as inpatient for several days. Plastic surgery was also done. Taking all these aspects and considering the bills produced for treatment and other incidental expenses, we are of the opinion that another Rs.4,000/- can be awarded for medical expenses. Tribunal noticed that there was disfiguration of right hand. Tribunal observed as follows: “While the petitioner as PW1 was in the box, Icould see the deformity and disfiguration on her right hand. In Ext.A7 disability certificate the doctor who issued the same has noted the same.” She has claimed Rs.50,000/- towards disfiguration, but onlyRs.5,000/- was awarded.
We award Rs.5,000/- more on that ground. Petitioner has claimed Rs.95,000/- towards permanent MFA.1365/994disability and Rs.25,000/- towards loss of earning power. Ext.A7disability certificate issued by Medical Trust Hospital was relied on. Doctor assessed 42% disability. Assessment of the Doctorwas as follows: “Cylindrical grasp 6%, spherical grasp 6%, grip strength 20% and deformity and cosmetic appearance 10%.” That was not accepted by the tribunal, but awarded Rs.10,000/-towards loss of earning power, permanent disability, and other consequences due to disability. The medical certificate was not accepted only because doctor was not examined. We note that out of 42% assessed by the Doctor, 10% was assessed for deformity and cosmetic appearance. We have already granted separate compensation for disfigurement. Out of the balance32% was assessed for cylindrical grasp, spherical grasp and grip strength etc.
We are of the opinion that only 10% can be granted for whole bodied disability. Claimant was aged 40years at the time of accident. Taking guidelines from the 2ndSchedule, apt multiplier is 15, and if that be so, compensation payable will be Rs.1,800/- x 10/100 x 15 x 12 = Rs.32,400/- and MFA.1365/995after deducting Rs.10,000/- already granted, balance will beRs.22,400/-. So the additional compensation payable will beRs.35,400/-. The above additional compensation of Rs.35,400/-should be deposited by the 6th respondent Insurance company with 7% interest from the date of application till its deposit overand above the decreed amount by the tribunal and on deposit of the above amount, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp MFA.1365/996 J.B.KOSHY & P.N.RAVINDRAN, JJ.--------------------------------------M.F.A.No.1365 OF 1999 (D) -------------------------------------J U D G M E N TDated the 26th day of May, 2008
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