IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 MACA.No. 72 of 2005() --------------------- OPMV.913/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER IN OP (MV): ---------------------------------------------- DOLSON, S/O. SEBASTIAN, KUDILINGAL HOUSE, POOVATHUSSERY P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP (MV): -------------------------------------- 1. K.N.VIJAYAN, S/O. NARAYANAN, KOLOMTHOTTATHIL HOUSE, KUMBIDY DESOM, ALATHUR VILLAGE. 2. THE UNITED INDIA INSURANCE CO., SREEKUMAR BUILDINGS, SOUTH JUNCTION, CHALAKUDY. ADV. SMT.RAJI T.BHASKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15.6.2009, THE COURT ON 15/06/2009 PASSED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. ```````````````````````````````````````````````````` M.A.C.A. No. 72 OF 2005 C ```````````````````````````````````````````````````` Dated this the 15th day of June, 2009 J U D G M E N T Joseph, J. Appellant is the claimant in a petition filed under section 166 of the Motor Vehicles Act. Aggrieved by the quantum of compensation awarded, he has filed the appeal. 2. We heard learned counsel for the appellant and learned counsel for the Insurance company. Learned counsel for the appellant points out that the Tribunal has awarded Rs.1,01,770/- with 6% interest from the date of the petition onwards. He points out that the income fixed at Rs.3,000/- per month is too low. He further points out that the appellant was working in Saudi Arabia as an electrician and that he was earning Rs.10,000/- per month which was proved by Ext.A14. The Tribunal has noted that the employer was not examined. It is further contended that the appellant is not awarded any amount towards extra nourishment. It is pointed out that the appellant was given only Rs.3,000/- towards loss of amenities. He read out to us MACA.72/05 : 2 : the injuries suffered. It is also pointed out that the rate of interest is only 6% which is too low. 3. We notice the fact that the appellant was working as an electrician in Saudi Arabia. Though the accident took place in the year 1997, we cannot ignore the fact that the appellant was working as an electrician. He has examined himself. Also to call upon him to examine his employer who is in Saudi Arabia to fix the income and only on the basis the employer was not examined to restrict income at Rs.3,000/- per month may not render justice to the appellant. We feel that the amount fixed is too low. We can safely fix the income at Rs.4,000/- per month. If we do so, the amount due towards the disability would be Rs.86,400/-. After deducting Rs.64,800/-, the appellant is entitled to Rs.21,600/- more towards disability. We further notice that the appellant is awarded only Rs.3,000/- towards loss of amenities. Having regard to the nature of the injuries suffered by him, we feel that the appellant can be given Rs.2,000/- more under the head loss of amenities. We further notice that no amount has been awarded towards extra nourishment. Towards the same, we award MACA.72/05 : 3 : Rs.1,000/-. Further we feel that the appellant should be awarded a sum of Rs.1,000/- towards bystander's expenses. We notice that the appellant was in hospital for 28 days. The appellant would also be entitled to a further sum of Rs.3,000/- more in view of the income being fixed at Rs.4,000/- per month. Thus, the appellant would be entitled to Rs.29,000/- (rounded of from Rs.28,600/-). Accordingly, the appeal is allowed in part and the appellant is allowed to realise a sum of Rs.29,000/- more with interest at the rate of 7.5% from the date of the petition till the date of realisation. The original amount awarded by the Tribunal will also bear interest at 7.5% instead of 6%. (K.M.JOSEPH, JUDGE) (M.L. JOSEPH FRANCIS, JUDGE) aks