IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 MACA.No. 177 of 2005 ------------------------------ OPMV.440/2001 of MACT, THODUPUZHA .................... APPELLANT/PETITIONER: SAJITHKUMAR, S/O. BHASKARAN NAIR, MITTATHUKUNNEL HOUSE, EDAVETTY P.O., THODUPUZHA. BY ADV. SRI.C.M.TOMY SRI.MATHEW SKARIA RESPONDENTS/RESPONDENTS: 1. P.V.VELAYUDHAN (P.P.VELAYUDHAN), S/O. PADMANABHAN, VATTAKUNNEL HOUSE, EDAVETTY P.O., THODUPUZHA. 2. NATIONAL INSURANCE CO.LTD., THODUPUZHA. BY ADV. SRI.E.M.JOSEPH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - MACA.No.177 of 2005-G - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of March, 2011 Judgment Basheer, J: Appellant sustained the following injuries in a road traffic accident that occurred on August 6, 2000. (1) Tenderness over left leg on posterior aspect. (2) Compound fracture of left tibia and febula. He claimed compensation alleging negligence on the part of the owner-cum-driver of the two wheeler, who is respondent No.1 herein. The Tribunal after considering the documentary evidence adduced by the appellant awarded a sum of `.34,775/- as compensation and directed respondent No.2- Insurance Company to pay the same with 6% interest. The above award is impugned in this appeal. 2. The primary grievance of the appellant is that the Tribunal has reckoned his monthly income only as `.1,500/- while assessing the compensation under the head of disability. Appellant had produced Ext.A13 salary certificate which showed that he had been earning `.4,750/- as monthly salary in his capacity as Site Supervisor. The other contention raised by the appellant is that the Tribunal MACA.177/2005 : 2 : has reckoned the disability only as 5% though Ext.A12 certificate issued by the Medical Board assessed his disability as 10%. Yet another contention raised by the appellant is that the entire medical expenses covered under Ext.A11 bills were not awarded to him. 3. It is true that the appellant did not adduce any oral evidence in the case. But the contention raised by the appellant that in his capacity as Site Supervisor he had been earning more than `.4,000/- every month was not seriously disputed. Keeping in view all the facts and circumstances of the case, we are satisfied that the monthly notional income of the appellant can be reckoned as `.2,500/-. But as regards the percentage of disability adopted by the Tribunal we do not propose to interfere. The disability compensation can be calculated thus: 2500 X 12 X 17 X 5 ------------------------- = 25,500/- 100 It is seen that the Tribunal has awarded only a sum of `.9,000/- towards pain and suffering and loss of amenities in life. Appellant shall be entitled to get a sum of `.20,000/- under this head. Similarly under the head of loss of earning MACA.177/2005 : 3 : appellant shall be entitled to get a sum of `.7,500/- for three months, though the Tribunal has awarded only `.2,000/- for one month. Thus, the appellant shall be entitled to get `.26,700/- as enhanced compensation. Appellant shall also be entitled to get interest at the rate of 7.5%. In all other respects the impugned award is sustained. The appeal is disposed of in the above terms. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.