IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 1387 of 2004() ----------------------- OPMV.2654/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): PETITIONER ---------------------------------- ANIYAPPAN V., S/O. VELAYUDHAN, MAVUMKAL HOUSE, NEAR DEVAGIRI SCHOOL, NEDUMKUNNAM, KOTTAYAM DISTRICT. BY ADV. . SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SMT.SREELEKHA PUTHALATH SRI.A.R.DILEEP SRI.ABRAHAM GEORGE JACOB SRI.S.GOWTHAM RESPONDENT(S): RESPONDENTS -------------------------- 1. SABU S/O. KOCHUKUNJU CHETTIAR, 1/299, MANNALAYIL HOUSE, NEAR KANGAZHA STATE BANK, VAZHOOR, CHANGANACHERRY, KOTTAYAM DISTRICT. 2. JOHNSON JACOB XXVI/388, ITHAYIL HOUSE, PALACE ROAD, CHANGANACHERRY, KOTTAYAM DISTRICT. 3. THE ORIENTAL INSURANCE CO.LTD., CHANGANACHERRY BRANCH, KOTTAYAM DISTRICT, REPRESENTED BY ITS DIVISIONAL MANAGER, KOTTAYAM. ADV. SRI.JOMY GEORGE FOR R2 ADV. SRI.MATHEWS JACOB (SR.) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.1387 of 2004 -------------------------------------- Dated this the 12th day of November, 2008. JUDGMENT Thomas P.Joseph, J. Appellant suffered injuries in a motor vehicle accident involving a scooter on 17.6.2002. He was traveling on the pillion of the scooter. Tribunal found that the accident occurred due to the rashness and negligence of the first respondent, its rider and that respondents 1 to 3 are liable to compensate the appellant. Tribunal allowed the appellant to realize a total sum of Rs.72,000/- as compensation as against a claim of Rs.2,10,000/-. Challenging the quantum of compensation, appellant has preferred this appeal. 2. Heard. 3. Point for consideration is whether the appellant is entitled to get any additional compensation. 4. Since it was contended on behalf of the appellant that appellant who is a toddy taper by occupation is disabled on account of the injuries suffered, this Court as per order dated 18.7.2008 directed the Superintendent of Medical College Hospital, Kottayam to constitute a Medical Board, examine the appellant for assessment of percentage of disability as to the whole body and forward the report. Accordingly, Superintendent of the Medical College Hospital has forwarded the certificate of disability along with his letter dated 27.8.2008. MACA No.1387/2004 2 As per that certificate, disability of the appellant is 15%. 4. Appellant is a toddy taper by occupation and was aged 35 years during the relevant time. On account of the accident he suffered bicondylar fracture of right tibia, dislocation of the right knee joint and deformity of knee joint, apart from other injuries. Considering the nature of injuries suffered by the appellant as stated above, his occupation as toddy taper and the limitation of movement stated in the certificate dated 13.8.2008, we are inclined to accept the percentage of disability recommended by the Medical Board. 5. Appellant claimed that he was earning at the rate of Rs.6,000/- per month. Tribunal has not fixed the monthly income of the appellant and instead, awarded a total sum of Rs.10,000/- towards loss of earning. Appellant has given evidence regarding his occupation and income as PW1. Though, he did not produce documents to prove the income, considering his occupation as toddy taper and the wages payable to toddy taper during the time of accident, we fix his monthly income as RS.3,000/-. Considering the nature of injuries suffered by the appellant, it is possible that he was not able to work for four months and suffered loss. Compensation payable on that count comes to Rs.12,000/- as against Rs.10,000/- awarded by the Tribunal. Thus, on the head of loss of earnings, appellant is entitled to get a further sum of Rs.2,000/-. 6. Tribunal has not awarded compensation for transportation charges incurred by the appellant. He had to attend the hospital several times for treatment. In the circumstances, we award Rs.600/- towards transportation charges. 7. Based on the certificate issued by the Medical Board we fixed the MACA No.1387/2004 3 whole body disability of the appellant at 15%. We also found that his monthly income at the relevant time was Rs.3,000/-. Since the appellant was aged 35 years, the multiplier to be adopted is 16. Compensation payable for disability and consequent loss of earning power comes to Rs.86,400 [(3000 x 12x15x16)/ 100] as against Rs.25,000/- awarded by the Tribunal. Appellant is entitled to get additional compensation of Rs.61,400/- on that count. 8. Though it is contended that compensation awarded on other heads are also low, we are not inclined to accept that contention. Thus, the additional compensation payable to the appellant comes to Rs.64,000/-. Appellant will get 7.5% interest per annum on that amount. This appeal therefore, is allowed in part. Appellant is allowed to recover additional compensation of Rs.64,000/- (Rupees Sixtyfour thousand only) with 7.5% interest per annum from the date of application till realization from the respondents jointly and severally. Third respondent being the insurer of the vehicle shall deposit the amount in the Tribunal within one month. On such deposit, appellant can withdraw the same. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks