IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 MFA.No. 251 of 2002 OPMV.3259/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA APPELLANT: PETITIONER: -------------------------------- HAKKIM, S/O. MUHAMMAD HAJI, MUTTIKKAL HOUSE, PAVARATTY, TRICHUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN SRI.T.VENUGOPALAN RESPONDENTS: RESPONDENTS: ------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM, REP. BY MANAGING DIRECTOR, KSRTC, TRIVANDRUM. 2. VISWAMBHARAN, S/O. PADMANABHAN, AYYANKULAM, MELOOR, CHALAKUDY P.O. BY ADV. SRI.K.PRABHAKARAN,SC KSRTC. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.T.SANKARAN, JJ. ---------------------------------------------------- M.F.A. NO. 251 OF 2002 A ---------------------------------------------------- Dated this the 19th March, 2008 JUDGMENT J.B.KOSHY, J. On 28.5.1993, while the appellant was travelling in a car, the bus owned by the first respondent and driven by the second respondent, hit the car and all the passengers including the appellant sustained injuries. Appellant had compound fracture of both bones of right leg. The doctor certified 8% disability. The medical certificate produced would show that he was an inpatient for thirteen days. Plaster cast was done. It has to be re-done and totally for more than six months he was under treatment. The Tribunal found that the accident occurred due to the negligence of the driver of the bus owned by the first respondent, but the amount awarded as compensation was only Rs.15,700/- against a claim of Rs.1,50,000/-. Only the quantum of compensation awarded is disputed in the appeal. 2. According to the appellant, he was a contractor by profession and his monthly income was Rs.3,000/- per month. Since no data was produced before the Tribunal for calculation of income, the Tribunal has taken only Rs.900/- as the monthly income of the appellant. As per the Second Schedule, which was framed in 1994, the notional annual M.F.A. NO.251 OF 2002 :: 2 :: income to be taken even for a non-earning person will be Rs.15,000/- (Rs.1,250/- per month). Taking guidance from the Second Schedule and considering the fact that the appellant was aged 25 at the time of accident, we fix the notional income of the appellant as Rs.1,250/- per month. The records would show that he was under treatment for six months. Therefore, he is entitled to six months' income, that is, Rs.7,500/-, as loss of earnings. The Tribunal has awarded only Rs.3,600/-. So, the appellant is entitled to Rs.3,900/- more for actual loss of earnings. It is contended that he had suffered 8% disability. Though the appellant had produced certificate to prove the disability, the Tribunal did not grant any compensation for disability or loss of earning power due to disability. The doctor was not examined. In view of the fracture and long treatment, it cannot be stated that he had no residual disability. In the absence of clear evidence, compensation cannot be granted on a multiplier method. However, we award Rs.5,000/- for loss of earning power and disability. Thus, the additional compensation payable will be Rs.8,900/-. Actual medical bills for Rs.2,618/- were produced by the appellant. The Tribunal awarded Rs.2,700/- for medical and incidental expenses. There will be many expenses in excess of the medical bills. Since the appellant was under treatment for six months apart from inpatient treatment, we award Rs.600/- more for medical and incidental expenses. Thus, the total amount payable as additional M.F.A. NO.251 OF 2002 :: 3 :: compensation will be Rs.9,500/-. The above amount should be deposited by the first respondent with 7.5% interest from the date of application till its deposit, over and above the amount decreed by the Tribunal. On deposit of the amount, the appellant will be entitled to withdraw the same. The Miscellaneous First Appeal is allowed partly. (J.B.KOSHY) Judge (K.T.SANKARAN) Judge ahz/ J.B.KOSHY & K.T.SANKARAN, JJ. ----------------------------------------- ----------------------------------------- M.F.A.NO. 251 OF 2002 JUDGMENT 19th March, 2008 -----------------------------------------