IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No. 2088 of 2007 -------------------------------------- OPMV.1196/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER: DASAN @ HARIDASAN, AGED 39, S/O.SANKUNNI PATHIYAR, RESIDING AT THOZHUKKAD VEEDU, CHALISSERY P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH SMT.S.SUJA RESPONDENT/3RD RESPONDENT: THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, CITY HEIGHTS BUILDING, CHALAKKUDY, SOUTH JUNCTION, CHALAKKUDY, PIN-680 307, (NO RELIEF CLAIMED AGAINST RESPONDENT NO.1 IN OP(MV) 1196/2006. HENCE R1 IS NOT MADE PARTY IN THIS APPEAL). ADV. SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.2088 of 2007 --------------------------------- JUDGMENT Balachandran, J. A tailor aged 39, who sustained injuries in a motor vehicle accident, claimed a total compensation of Rupees Ten lakhs alleging that he has sustained permanent disability and loss of earning power to the extent of 80%; that his monthly income was Rs.5,000/- and that in fact, he has suffered 100% permanent disability. The Tribunal, in the absence of evidence regarding the monthly income of the appellant, notionally fixed his income at Rs.3,000/- per month. As per Exhibit A11 disability certificate, though disability is mentioned as 80%, it was specified to be 75% as permanent disability and assessed the damages for permanent disability and loss of earning power, adopting the apt multiplier 16. When so worked out, the compensation towards permanent disability and MACA 2088/07 2 loss of earning power will be Rs.4,32,000/- (3000 x 12 x 75/100 x 16). The Tribunal deducted one third from out of the said amount towards personal expenses of the appellant and awarded only an amount of Rs.2,88,000/- as compensation for permanent disability and loss of earning power. 2. The only contention that is advanced before us by the learned counsel for the appellant/ claimant is that deduction of one third from out of the compensation for disability and loss of earning power is not warranted, as one third deduction is warranted only in death cases and not in injury cases. Standing counsel for the Insurance Company also submits that it was a mistake committed by the Tribunal. We are also of the view that one third deduction should not have been effected from out of the compensation due to the appellant towards permanent disability and loss of earning power. Therefore, we set aside that part of the award, whereby one third deduction was made by the MACA 2088/07 3 Tribunal from out of the compensation fixed towards permanent disability and loss of earning power to the appellant. The result is that the appellant would be entitled to an additional compensation of Rs.1,44,000/- over and above what was awarded by the Tribunal. The said amount of Rs.1,44,000/- shall be deposited by the respondent Insurance Company within two months from today with 7.5% interest per annum from the date of application till date of deposit. On deposit of the amount, appellant is allowed to withdraw the same. Appeal is, thus, partly allowed. (J.B.Koshy, Judge) 3rd November, 2008 (K.P.Balachandran, Judge) tkv