IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MFA.No. 422 of 2003(D) -------------------------------------- OPMV.709/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: SURESH, AGED 26 YEARS, S/O. NARAYANAN, NJATTUVETTY HOUSE, VELUMPADAM P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS: 1. K.J. SUNNY, KALLUVALAPPIL HOUSE, KALLUR P.O., THRISSUR DISTRICT, OWNER: KL-8/A 9234 GOODS CARRIAGE. 2. JENSUS @ BABU, S/O. MANJALY THOMAS, VARAKKARA P.O., ALAGAPPANAGAR VIA., THRISSUR DISTRICT, DRIVER: KL-8/A 9234 GOODS CARRIAGE. 3. THE MANAGER, ORIENTAL INSURANCE DIVISIONAL OFFICE, THRISSUR POLICY: 441100/0/0/MV/1097/94 VALIDITY: 9/10/1993 TO 8/10/1994. ADV. SRI.MATHEWS JACOB (SR.) FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.F.A.No.422 of 2003 --------------------------------- JUDGMENT Balachandran, J. A pedestrian aged 26 was hit down by a lorry on 4.7.1994 and thereby he sustained injuries. He claimed an amount of Rs.5 lakhs by way of compensation from the second respondent driver, the first respondent owner and the third respondent insurer. The Tribunal awarded a total compensation of Rs.1,07,500/-. The claimant has come up in appeal praying for enhancement in compensation awarded by the Tribunal. 2. Apart from sufficiency of compensation awarded, no other issue arises for consideration in this appeal, as the liability in damages and the liability of the Insurance Company to indemnify the first respondent owner are not matters in dispute. 3. The appellant was a youngster aged 26. He was a registered head load worker, as evidenced MFA 422/03 2 from Exhibits A9 and A10. Though the appellant claimed that his monthly income was Rs.3,000/-, the Tribunal accepted only Rs.900/- as his notional monthly income. As per the second schedule to the Motor Vehicles Act, the notional income of a non earning person is Rs.15,000/- per annum (Rs.1,250/- per month). Here, the appellant is undisputedly a registered head load worker and the Tribunal is not at all justified in taking Rs.900/- as his notional monthly income. We enhance the monthly income of the appellant and fix it at Rs.1,800/-. The Tribunal accepted 25% as the permanent disability as against 50% testified by PW2 and for working out the compensation for permanent disability and loss of earning power, the Tribunal has adopted the apt multiplier 18. Consequent on our fixing of the notional monthly income at Rs.1,800/-, the compensation payable to the appellant for permanent disability and loss of earning power is Rs.97,200/- (1800 x 12 x 25/100 x 18). The Tribunal has awarded MFA 422/03 3 only an amount of Rs.48,600/- on that count. The appellant will, therefore, be entitled to an additional amount of Rs.48,600/- as well on that count. Further, the Tribunal allowed loss of earnings for six months, working out the loss at the rate of Rs.900/- per month. As we have enhanced the notional monthly income to Rs.1,800/-, the appellant would be entitled towards loss of earnings a further amount of Rs.5,400/-. Thus, the appellant would be entitled to an additional compensation of Rs.54,000/- in the aggregate. 4. Though it is contended by the counsel for the appellant that compensation awarded under other heads are also meagre, we are of the view that just and reasonable compensation has been awarded under other heads and that it does not deserve to be interfered with. 5. The third respondent Insurance Company shall deposit the additional compensation of Rs.54,000/- within two months from today with 7.5% interest per MFA 422/03 4 annum from the date of application till date of deposit. On deposit of the amount, appellant is allowed to withdraw the same. Appeal is allowed in part. (J.B.Koshy, Judge) 28th October, 2008 (K.P.Balachandran, Judge) tkv MFA 422/03 5 J.B.Koshy & K.P.Balachandran, JJ. -------------------------- M.F.A.No.422 of 2003 -------------------------- JUDGMENT 28th October, 2008