IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 MFA.No. 1155 of 2002(A) ---------------------------------- OPMV.295/1997 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/1ST RESPONDENT --------------------------------------------- RAJEEV GANDHI TRANSPORT CORPORATION, K.KAMARAJ SALAI, MADRAS-5, NOW KNOWN AS STATE EXPRESS TRANSPORT CORPORATION LTD., PALLAVAN SALAI, CHENNAI-02, REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SRI.SUBHASH SYRIAC RESPONDENTS/CLAIMANT AND 2ND RESPONDENT ------------------------------------------------------------------------- 1. MATHEW G., S/O.GEEVARGHESE, AMBUJAM LODGE, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. 2. K.GOTHANDHAN, M.G.R.SERVICE DEPOT, MADRAS R.G.T.C. IRANEEKUNDAM P.O., CHARYAR. *(DELETED) * NAME OF R2 DELETED FROM PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 06/10/2003 IN I.A.1894/03. BY THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.7098 OF 2002 IN M.F.A. NO.1155 OF 2002. DISMISSED 04/11/2008. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.F.A.NO. 1155 OF 2002 = = = = = = = = = = = = = = = Dated this the 4th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in OP(MV) 295/97. The claimant sustained injuries in a road accident while he was travelling from Thiruvananthapuram to Madras. The vehicle which belonged to the appellant overturned resulting in injuries to him. The Tribunal found the driver of the bus negligent and awarded a compensation of Rs.80,940/-. It is against that decision the present appeal is preferred. 2. Heard the learned counsel for the appellant. The claimant in spite of paper publication had not chosen to enter appearance. A perusal of the award would reveal that the injuries sustained by the claimant are an undisplaced comminuted fracture of the humerus, an injury on the elbow and multiple abrasions. A disability certificate was produced MFA 1155 of 2002 -2- fixing the disability at 13%. He was an employee having a salary of Rs.7,945/-. The amount awarded is not in proportion to the injury sustained but is very much on the higher side. For a fracture that too of the year 1996 the claimant has been awarded a compensation of Rs.25,000/- towards pain and sufferings. The documents also reveal that he was not under a prolonged treatment at all. Similarly, he is an employee who was aged 39 years at the time of the accident and there would not be any loss of earnings for him at least till the age of 55. The Tribunal has applied a multiplier of 16 in the matter which also cannot be accepted. The loss of earnings would arise only after he retires from service and the appropriate multiplier in such cases would be only 8. So the compensation has to be calculated only on that basis. The pain and suffering compensation of Rs.25,000/- is reduced to Rs.13,000/- and the disability compensation by applying a multiplier of 8 would come to Rs.18,720/- thereby reduction of the same amount is necessary from the amount awarded. Or in other words the compensation has to be reduced by MFA 1155 of 2002 -3- Rs.31,720/- when it is done the entitlement would be Rs.49,220/-. So far as the negligence is concerned the claimant was only a passenger and therefore finding of negligence cannot be found fault with. Therefore the MACA is partly allowed and a revised award is passed whereby the claimant is awarded a compensation of Rs.49,220/- with 9% interest from 1.3.97 till realisation and respondents 1 and 2 are jointly and severally liable for the same. Respondents, namely appellants herein, are directed to deposit the amount within a period of 90 days from the date of receipt of a copy of the judgment. If any amount is already deposited that may be given credit to as well. M.N. KRISHNAN, JUDGE. ul/- MFA 1155 of 2002 -4- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 1155 OF 2002 = = = = = = = = = = = J U D G M E N T 4th November, 2008.