IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 MACA.No. 1138 of 2005() ----------------------- OPMV.31/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- PUSHPANGADAN, S/O.KUNJIRAMAN, RESIDING AT KARANAYIL THEKKOOT HOUSE, P.O.VALAPPAD, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SRI.JIBU P THOMAS RESPONDENT(S): RESPONDENTS -------------------------- 1. THE MANAGING PARTNER, DEVA MOVIES, K.D.UNNIKRISHNAN, PERINGOTTUKARA P.O., THRISSUR DISTRICT. 2. MISCHEAL, S/O.UNNIKRISHNAN, RESIDING AT KANADY HOUSE, PERINGOTTUKARA P.O., THRISSUR DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LTD., KURUPPAM ROAD, THRISSUR. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/05/2009, ALONG WITH MACA NO. 2102 OF 2005 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. ```````````````````````````````````````````````````` M.A.C.A. Nos. 1138 and 2102 OF 2005 ```````````````````````````````````````````````````` Dated this the 22nd day of May, 2009 J U D G M E N T Joseph, J. M.A.C.A. No.1138/05 is filed by the claimant being aggrieved by the amount awarded. M.A.C.A. No.2102/05 is filed by the Insurance company. 2. Heard learned counsel for the parties. Learned counsel for the appellant in M.A.C.A.No.2102/05 would raise two contentions. He would submit that an amount of Rs.1,24,800/- is awarded towards permanent disability. He would submit that going by the Full Bench decision reported in Oriental Insurance Co. Ltd. Vs. Hariprasad [2005 (4) KLT 977], if compensation is awarded towards permanent disability, no further award can be made towards loss of earning power. In this case, a further sum of Rs.10,000/- is awarded in contravention of the legal position laid down by this court towards loss of earning power, he complains. Secondly, he contends that the income of the claimant was taken as Rs.4,000/-. According to the learned counsel for the appellant MACA.1138&2102/05 : 2 : Sri.M.A.George, in the claim petition the claimant has stated that he was working as painter. However, when the evidence was adduced, a certificate was produced and marked by the claimant wherein claim is raised by him being a soda maker. The employer was not examined. According to him, when the accident took place in 1995, his income could be Rs.3,000/- per month. However, the Tribunal has erred in proceeding on the basis that the income is to be fixed at Rs.4,000/- per month. 3. Learned counsel appearing on behalf of the claimant would submit that the claimant, having regard to the nature of the accident and injuries suffered by him, will become subject to further liability in the future towards medical expenses. In this regard, he relied on Ext.A9 medical certificate. He also submits that the amount fixed as income is not to be interfered with. 4. As regards the first question as to whether the Tribunal was justified in awarding a further sum of Rs.10,000/- towards loss of earning power after having awarding Rs.1,24,800/- towards permanent disability, we are of the clear view that the insurer is justified in impugning the award. The matter is squarely covered MACA.1138&2102/05 : 3 : by the Full Bench decision. As regards the question of notional income being fixed as Rs.4,000/-, we do not think that the insurer is justified in impugning the award. We went through the petition and we find that the pleading has been amended and it is stated in the pleading that the claimant was having income from employment as soda maker and painter. It may be true that the employer was not examined but the claimant examined himself and gave evidence. After considering the evidence the amount is fixed at Rs.4,000/-. The certificate supports the claimant in the said contention. In such circumstances, we do not think that we are justified in interfering with the income being fixed at Rs.4,000/-. 5. The complaint of the claimant is that no amount is awarded towards future treatment. We notice that the medical certificate was issued by a Doctor/Hospital and it has been produced as Ext.A9. It is noted that expenses would have to be incurred for future treatment. It is settled law that when an award is passed, it is not open to the Tribunal to pass successive awards in respect of a claim from one accident but it is open to the Tribunal to pass an award providing for compensation so as to MACA.1138&2102/05 : 4 : deal with claims which may arise in future such as future medical treatment. It is not in dispute that no amount has been awarded by the Tribunal towards future medical treatment. Considering the facts of this case, in the interests of justice, we fix the amount as Rs.10,000/-. In the light of the fact that the appellant stands erroneously awarded a sum of Rs.10,000/- towards loss of earning power as we take the view that the claimant is entitled to a sum of Rs.10,000/- towards future medical treatment, we do not think that it is necessary to interfere with the final amount as such awarded by the Tribunal. Subject to the observations made by us, the appeals will stand dismissed. Sd/- (K.M.JOSEPH, JUDGE) Sd/- (M.L. JOSEPH FRANCIS, JUDGE) aks // True Copy // P.A. to Judge