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 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 MACA.No. 2130 of 2007 ------------------------------------- OPMV.1380/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: P.K.PRAKASAN, AGED 39 YEARS, S/O PUTHEN KATTIL KUMARAN, KOTHAPARAMBU P.O., KODUNGALOOR, THRISSUR DISTRICT. BY ADV. SRI.M.B.PRAJITH RESPONDENTS/RESPONDENTS: 1. THE MANAGING DIRECTOR, K.S.R.T.C.CORPORATION, THIRUVANANTHAPURAM. 2. ABDUL JALEEL, S/O MAJEED, MILAN ROAD, MADAPALOOR DESOM, VANDAZI VILLAGE, ALATHUR TALUK, PALAKKADU DISTRICT. 3. THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, P.B.NO.434, ST. JOSEPH'S PRESS BUILDING, VAZHUTHAKKAD, TRIVANDRUM-14. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.2130 of 2007 --------------------------------- JUDGMENT Balachandran, J. The petitioner in O.P.(MV)No.1380/01 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda is the appellant. He filed an application under Section 166 of the Motor Vehicles Act claiming a total amount of Rupees Three lakhs by way of compensation for the injuries sustained to him in a road traffic accident. Entitlement for damages on account of the injuries in a motor accident as also the liability of the respondents to make payment are not in dispute. The Tribunal awarded a total compensation of Rs.69,549/- with 6% interest and directed the third respondent Insurance Company to deposit the amount. The appeal is filed by the appellant/petitioner claiming enhancement of the compensation. 2. According to the appellant/petitioner, he was an autorickshaw driver earning a monthly income of Rs.5,000/-. The Tribunal estimated his income MACA 2130/07 2 only at Rs.2,000/- per month for the purpose of awarding compensation for loss of earning as also for working out the compensation due for permanent disability. The appellant/petitioner was aged 39 at the time of the accident and admittedly he was an autorickshaw driver. The accident took place on 1.9.2001. The income of an autorickshaw driver in 2001 can reasonably be estimated at Rs.150/- per day and even if he is having that income only for 20-25 days a month, the monthly income will be Rs.3,000/-. We accordingly estimate the monthly income of the appellant at Rs.3,000/-. Hence loss of earnings for two months will come to Rs.6,000/- in the place of Rs.4,000/- awarded by the Tribunal. The appellant would be entitled to Rs.2,000/- more on that count. 15, which is the apt multiplier, has been adopted by the Tribunal for working out the compensation for disability and that requires no change. 8% disability was accepted by the Tribunal and that is just and reasonable. Hence for permanent disability and loss of earning power, the MACA 2130/07 3 compensation to which the appellant would be entitled is Rs.43,200/- (3000 x 12 x 8/100 x 15). Hence on that count, the appellant would be entitled to Rs.14,400/- more. Though it is contended that compensation allowed under other heads are also to be enhanced, we are of the view that considering the total amount of compensation awarded, no further enhancement is required to be made under any other count. Thus, the additional compensation to which the appellant would be entitled is Rs.16,400/- (Rupees Sixteen thousand four hundred only). The said amount with interest at the rate of 7% per annum shall be deposited by the third respondent Insurance Company within two months from today. On deposit, the appellant would be entitled to withdraw the same. The appeal is allowed in part. (J.B.Koshy, Judge) 29th September, 2008 (K.P.Balachandran, Judge) tkv