IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 MFA.No. 507 of 2003() --------------------- OPMV.190/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: PETITIONER --------------------- MOHAMMED FAROOK, S/O.USMAN, RESIDING AT POKKAKKILATH HOUSE, P.O.THALIKULAM. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.PRINCE.K.ELIAS SRI.R.RAJA RAJA VARMA SMT.M.R.VALSA RESPONDENTS: RESPONDENTS ------------------------ 1. NALINI, W/O.T.M.GIRI, RESIDING AT SREE NARAYANA THATTIL HOUSE, P.O.NATTIKA. 2. UNNIKRISHNAN, S/O.DEVAKY AMMA, RESIDING AT VELUTHEDATH HOUSE, P.O.PAZHUVIL. 3. THE NATIONAL INSURANCE COMPANY LIMITED, THRISSUR. 4. K.G.JOHNY, S/O.GEORGE KUNNATHUMKARA VEEDU, OLARI, P.O.PULLAZHI. 5. M.M.KHALIDH, RESIDING AST MUKRIYATH HOUSE, EDASSERY, THALIKULAM. 6. NEW INDIA ASSURANCE COMPANY LIMITED, IRINJALAKUDA BRANCH. BY ADV. SRI.MATHEWS JACOB(SR) THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 4.4.2008, THE COURT ON 04/04/2008 DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.507 of 2003 ----------------------------------------- Dated this the 4th day of April, 2008 JUDGMENT Koshy, J. Appellant sustained injuries in a motor accident on 2.9.1993. As a result of the accident, he suffered compound fracture to both bones of his left leg and fracture to the 6th rib. He produced Exhibit A4 disability showing 12% permanent disability. The Tribunal taken 5% disability. He was working in gulf. According to him, he was getting Rs.10,000/- per month during that period and Exhibit A5 certificate was produced to prove the income. Exhibit A6 is the passport. The Tribunal has taken Rs.1,500/- as the monthly income. The Tribunal found that he was under treatment for a period of six months and therefore, taking Rs.1,500/- as the monthly income, Rs.9,000/- was awarded for loss of earning power. For permanent disability, Rs.17,300/- was awarded. Even though he was employed in gulf, he had no technical qualification. According to him, he was a salesman. We are of opinion that at least Rs.3,000/- ought to have been taken as monthly loss of income. For six months treatment period, actual loss of earning will be Rs.18,000/-. Therefore, the MFA.507/03 2 claimant is entitled to an additional amount of Rs.9,000/- under this head. It has come out in evidence that he had gone back to gulf and got job. Since he has gone back to gulf and getting income, we are not enhancing compensation for disability. Since he was under treatment for six months, we award Rs.3,000/- for bystander's expenses. The Tribunal found that the accident occurred due to the negligence of the drivers of the vehicle insured by the 3rd and 8th respondents. Therefore, the additional amount of Rs.12,000/- should be deposited in equal proportion by the 3rd and 8th respondents with 7.5% interest from the date of application till the date of deposit. On deposit of the amount, the appellant is free to withdraw the same. The appeal is allowed, partly. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.507/03 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No. 507 of 2003 ------------------------------ JUDGMENT 4.4.2008