IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

&

THE HONOURABLE SMT. JUSTICE P.V.ASHA

MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937

MACA.No. 2123 of 2005 ( )

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AGAINST THE AWARD IN OPMV 1268/1999 of MACT ALAPPUZHA DATED 21-03-2005

APPELLANT/PETITIONER:

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JOHN

CMC-26, CHERTHALA.P.O., REPRESENTED BY HIS

NEXT FRIEND AND WIFE PHILOMINA, W/O.JOHN MATHEW

MAVUNKAL HOUSE, CMC-26, CHERTHALA.P.O

ALAPPUZHA, DISTRICT.

BY ADV. SMT.K.N.RAJANI

RESPONDENT(S):

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1. MANAGER

M/S.HOPE TRANSPORTS PVT. LTD., ZEEMAZ BUILDING

KALPATTA NORTH, WAYANAD.

2. S.VASUDEVAN, S/O.SELVA GANAPATHY,

MICA MINES VEEDU, CHERAPADY.P.O, NILAGIRI DISTRICT

TAMILNADU.(DELETED)

3. THE UNITED INDIA INSURANCE COMPANY LTD.,

BRANCH OFFICE, P.B.NO.41, MAIN ROAD

KALPATTA, WAYANAD DISTRICT.

(R2 DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER

ORDER DATED 11.12.2013 IN IA 3327/2013)

R3 BY ADV. SRI.MATHEWS JACOB (SR.)

R3 BY ADV. SRI.P.JACOB MATHEW

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION

ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R. RAMACHANDRAN NAIR &

P.V. ASHA, JJ.

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M.A.C.A.No.2123 of 2005

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Dated this the 30^th day of March, 2015

JUDGMENT

Asha, J.

This appeal is filed by the appellant through his wife as next

friend, as he is totally incapacitated on account of the accident.

2. The appellant got injured in a motor vehicle accident which

occurred on 29.7.1999. He was knocked down from his bicycle by a

lorry, causing very serious injuries. He was taken to K.V.M. Hospital,

Cherthala and referred to Medical Trust Hospital, Ernakulam. After

inpatient treatment for one year there, he continued to be in a

vegetative stage and his disability was certified as 80%.

3. According to the learned counsel for the appellant, the claim

petition was filed seeking compensation to the tune of Rs.15 Lakhs.

The Tribunal awarded a sum of Rs.5,93,921/- along with interest at 6%

per annum. This appeal is filed seeking enhancement of compensation.

4.

We heard learned counsel for the appellant and

MACA 2123/2005

2

learned Senior Counsel for the insurance company.

5. The appellant was working as an electrician. It was claimed that

he was earning a sum of Rs.72,000/- yearly, on the strength of Ext.A18

certificate. The Tribunal reckoned his income as Rs.2,000/- per

month. The appellant's wife got herself examined as PW1 and

explained the injuries suffered, treatment undergone and the difficulties

experienced by the appellant. The injuries sustained were : EDH

tempero parietal region (2) ® temporal contusion (3) fracture ®

temporal bone and brain oedemma (4) Swelling ® tempero parietal

region (5) Swelling ® mandibular region (6) lacerated wound ®

zygema (7) lacerated wound ® shoulder with aberrations (8) lacerated

wound ® wrist and (9) aberasion ® side of chest. Due to the head

injury he was unconscious throughout. From 29.7.1999 to 20.7.2000

he was under treatment in Medical Trust Hospital. From the bills

produced, it is seen that a sum of Rs.2,75,000/- was incurred for the

treatment there. He was in intensive care unit, under the help of

ventilator for a period of six months. After the treatment in Medical

Trust Hospital for one year, he continued treatment for another ten

MACA 2123/2005

3

months in Consultancy Hospital, Kochi. He required the help of two

persons for his day today affairs; he was unable to attend to any of his

personal needs without the help of others. The Doctor who is the chief

of Neurology Department of Medical Trust Hospital was examined as

PW2 in order to prove the disabilit