IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 MACA.No.1609 of 2005 (B) ------------------------------- OPMV.1034/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER ------------------------------ VELLARAMBAL GANGADHARAN, S/O.CHAMAN, VELLARAMBAL HOUSE, KEEZHUR AMSOM, P.O.IRITTYMAMBA, KANNUR DISTRICT. BY ADV. SRI.P.NARAYANAN RESPONDENTS/RESPONDENTS ------------------------------------ 1. C.P.FRANCIS, THAIPARAMBIL HOUSE, POONKAVU WARD, P.O.PATHIRIPALLY, ALAPPUZHA DISTRICT. 2. THE SPL. GRADE SECRETARY, KEEZHUR CHAVASSERY GRAMA PANCHAYATH, KEEZHUR P.O., KANNUR DISTRICT. 3. NEW INDIA ASSURANCE CO. LTD., REP. BY ITS BRANCH MANAGER, MUNICIPAL BUS STAND, KANNUR. ADV. SRI.V.M.KURIAN FOR R2 SRI.A.V.THOMAS FOR R2 R2I.MATHEW B. KURIAN FOR R2 SRI.K.T.THOMAS FOR R2 SRI.A.C.DEVY FOR R3 SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A. No.1609 of 2005 ------------------------------------------------ Dated this the 29th day of October, 2008 JUDGMENT Balachandran, J Appellant sustained injuries in a motor vehicle accident on 04/07/98 while he was travelling as a passenger in a jeep bearing registration No.KRN 4685 driven by the first respondent in a negligent manner at an uncontrollable speed so that when the first respondent applied sudden break while turning the vehicle, he was thrown out of the jeep. The second respondent was the owner of the jeep and the third respondent was its insurer. The appellant claimed a total compensation of Rs.1,50,000/- as against which the Tribunal awarded only a compensation of Rs.38,000/-. Hence, this appeal claiming enhancement. M. A. C. A. No.1609 of 2005 -2- 2. No other matter arises for consideration in this appeal except the propriety and sufficiency of the amount awarded by way of compensation and hence, we are considering only that question. The appellant was aged 37 years at the time of accident. He alleged that he was a part time sweeper cum coolie in Special Grade, Keezhur Chavassery Panchayat and was getting a monthly income of Rs.5,000/-. There was absolutely no record to show that the appellant was employed as a part time sweeper. The Tribunal however, accepted Rs.1,500/- as his notional income and adopting multiplier 16 and accepting 5% disability as against 24% physical disability and 35% occupational disability certified under Ext.A5, awarded a total amount of Rs.14,400/- towards permanent disability and loss of earning power. Even for a non-earning person the notional income to be taken under M. A. C. A. No.1609 of 2005 -3- the Second Schedule to the Motor Vehicles Act is Rs.15,000/- per annum viz. Rs.1,250/- per month. Here the appellant is a youngster aged 37 years and was able bodied and his monthly income as on the date of the accident in 1998 should have been fixed at Rs.2,500/-. Further, the disability certified under Ext.A5 is 24% physical disability and 35% occupational disability. Considering the nature of injuries sustained, we have no reason to accept disability certified in Ext.A5 as such. But considering the entire aspects of the case including the injuries sustained by the appellant and the treatment undergone by the appellant as also the disability certified under Ext.A5, we are of the view that the permanent disability which affects loss of earning capacity can be fixed at 15%. Hence, the compensation to be awarded for permanent disability and consequent loss of earning M. A. C. A. No.1609 of 2005 -4- power will be Rs.72,000/- [Rs.2,500/- x 12 x 15/100 x 16]. The Tribunal has awarded Rs.14,400/- on that count and the balance due to the appellant will therefore be Rs.57,600 on that count. The Tribunal has not awarded any amount to the appellant towards loss of earning. We are of the view that considering the period of treatment undergone and the nature of injuries the appellant must have suffered loss of earnings for three months and that comes to Rs.7,500/-. Though it is contended that amounts awarded under other heads are also meagre, we are of the view that just and reasonable compensation has been awarded under other counts. Thus, the total additional compensation due to the appellant will be Rs.65,100/-. The above amount of Rs.65,100/- due to the appellant by way of additional compensation shall be deposited by the third respondent/Insurance Company with M. A. C. A. No.1609 of 2005 -5- interest at 7.5% per annum from the date of application till its deposit. On deposit of the amount the appellant is allowed to withdraw the same. 3. The appeal is thus, partly allowed. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-