IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 MFA.No. 455 of 2003(F) -------------------------------- OPMV.437/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD, KALPETTA .................... APPELLANT/ PETITIONER ------------------------------------- LATHEEF S/O. AHAMMED AGED 35 YEARS, KOMATH HOUSE, MANANTHAVADY TALUK, WAYANAD DISTRICT BY ADV. SRI.N.J.ANTONY RESPONDENTS/ RESPONDENTS ----------------------------------------------- 1. K.V.SHAJU AGED 25 YEARS S/O. VASU, KUNNEMMELKANDY HOUSE, POST ELLUMANNAM, MANANTHAVADY TALUK, WAYANAD DISTRICT' (DRIVER OF JEEP KL-12/6631. D.L.NO.NOT KNOWN) 2. P.C.PRATHAPAN AGE AND FATHERS NAME NOT KNOWN, VALIYAPARAMBIL HOUSE, AMBOOTHY, MANANTHAVADY TALUK, WAYANAD DISTRICT (OWNER OF JEEP NO.KL-12/6631) 3. UNITED INDIA INSURANCE CO.LTD., KALPETTA (LOCAL BRANCH OF INSURERS, CHEROOTTY ROAD BRANCH, KOZHIKODE, POLICY NO.NOT KNOWN) BY ADV. SRI.A.R.GEORGE - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.No.455 OF 2003 ------------------------------------- Dated 24th June, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained injuries in an accident on 19.5.1996 and he claimed a compensation of Rs.2,35,000/= limited to Rs.2,00,000/= contending that the accident occurred due to the negligence of the first respondent driver of the jeep owned by the second respondent and insured by the third respondent insurance company. The Tribunal though found negligence on the first respondent driver and coverage of insurance by the third respondent insurance company of the offending vehicle, only Rs.80,760/= was awarded with proportionate interest and costs. Only dispute in this appeal is regarding the quantum of compensation. In Ext.A2 wound certificate it is seen that claimant had sustained depressed compound fracture of left skull and other injuries. According to him, he is unable to do any work because of the accident. Ext.A3 disability certificate shows that Medical Board assessed 41% disability. Tribunal awarded Rs.35,000/= for disability and loss of earning capacity without calculating compensation on a scientific method. We are of the opinion that compensation ought to have been awarded on a scientific method. There was no neurologist in the MFA.455/2003 2 medical board present, but, it is stated that neurologist's opinion was obtained. Claimant was examined as PW1 and he deposed that he was bed ridden because of the accident. Considering the nature of injuries, we are of the opinion that 41% disability is little excess and compensation can be granted for 20% disability. Tribunal assessed his monthly income at Rs.2,500/=. He was aged 29 years at the time of accident. If we take second schedule for guidance, 18 is the apt multiplier. If that be so, compensation payable will be Rs.1,08,000/= (2500 x 12 x 18 x 20). From that Rs.35,000/= 100 awarded by the Tribunal has to be deducted. So, the balance payable for disability and loss of earning power will be Rs.73,000/=. We are of the opinion that no enhancement is required in the compensation awarded under other heads. The above amount of Rs.73,000/= should be deposited by the third respondent insurance company with 7% interest from the date of application till its deposit, over and above the decreed amount by the Tribunal. On deposit of the amount, appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks