IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 MACA.No. 369 of 2003() ---------------------- OPMV.1320/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- P.U.THOMAS, S/O. P.V.UTHUPPU, AGED 58 YEARS, PAMBAKKOLIL HOUSE, PADIRIPADAM P.O. BY ADV. SRI.K.M.SATHIANATHA MENON RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. ABDUL GAFOOR, S/O. KUNHIMOHAMMED, KELAMTHODIKA HOUSE, MOOTHEDAM (DRIVER). 2. A.P.SAIDALAVI, S/O. MAMMAD @ BAPPU HAJI, PARAKKAL HOUSE, MELMURI (OWNER). 3. NATIONAL INSURANCE COMPANY LIMITED, MANJERI. BY ADV. SMT.SARAH SALVY - R3 SRI.LAL GEORGE - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No. 369 of 2003 - C --------------------------------------------- Dated this the 31st day of July, 2008 J U D G M E N T Koshy,J: The appellant/petitioner sustained injuries in a motor accident on 18.3.1996. He filed a claim petition for Rs.5 lakhs as compensation, contending that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent-insurance company. The Tribunal granted a total compensation of Rs.1,19,350/- with interest and cost. The only dispute is with regard to the quantum of compensation. The appellant had taken inpatient treatment for 40 days in the Medical College Hospital, Calicut. As result of the accident, he had cervical spondylosis and lumbar spondylosis. There was disc prolapse of C4-C5 and C5-C6 with moderate Osteophytes and fractures at vertebra, apart from other defects. The Medical Board, Medical College Hospital, Calicut certified 20% disability, that was accepted by the Tribunal. He was 51 years old. The Tribunal had fixed the multiplier as 11 taking the guidance of Second Schedule. MACA NO.369 OF 2003 :-2-: We see no ground to interfere with the same. 2. According to the appellant, he was getting Rs.4,000/- per month and he was a Paster by profession. According to him, as a Paster from the fellowship where he was in charge, he was getting Rs.3000/- as honorarium and more than Rs.1,000/- from his agricultural income. He was maintaining a family and he has to maintain family according to his status. 3. Considering the circumstances of the case, we fix Rs.2500/- as monthly income. If that be so, the compensation payable will be Rs.66,000/- (Rs.2500x12x (20÷100)x11). The Tribunal had awarded an amount of Rs.47,520/-. So the additional compensation payable will be Rs. 18,480/-. The Tribunal has reimbursed the medical expenses and awarded reasonable compensation under other various heads. Therefore, the impugned award is modified that an additional compensation of Rs.18,480/- is directed to be deposited by the third respondent over and above the amount MACA NO.369 OF 2003 :-3-: decreed by the Tribunal with 7.5% interest from the date of application till the date of realisation. The appeal is accordingly partly allowed. J.B.KOSHY, Judge V.K.MOHANAN, Judge MBS/ MACA NO.369 OF 2003 :-4-: J.B.KOSHY & V.K.MOHANAN, JJ. -------------------------------------------- MACA.NO.369 OF 2003 ------------------------------------ J U D G M E N T DATED: 31-7-2008 MACA NO.369 OF 2003 :-5-: