IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 MACA.No. 43 of 2003(B) --------------------------------- O.P.M.V.NO.414/1999 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ATTINGAL. .................... APPELLANT/APPLICANT: ------------------------------------ JOHN P. THOMAS, PLAMOOTTIL HOUSE, KARIPOOR P.O., NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.V.R.REJITHKUMAR, ADV. SRI.V.G.ANTONY. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. JOHN VARGHESE, VANYAKALA PADINJARETHIL HOUSE, NELLIMALA P.O., ERAVIPAROOR, THIRUVALLA. 2. MR. SREEKANTAN, S/O. RAVEENDRAN, KEPAVIL HOUSE, VAZHAYILA, THIRUVALLA. 3. THE MANAGER, THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, P.B.NO.64, 1ST FLOOR, MARTHOMA BUILDINGS, T.K. ROAD, THIRUVALLA. ADV. SRI.ANCHAL C.VIJAYAN FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.A.C.A. No. 43 of 2003 --------------------------------------- Dated this the 7th day of July, 2008 Judgment Koshy,J. Appellant/claimant sustained serious injuries in a motor accident on 10.10.1998. As per the medical certificate produced by him, he sustained 17% disability. Since he was a student, Rs.1,500/- was taken as the monthly income. The tribunal accepted the disability certificate produced by him. He was aged 21 years. The tribunal has taken only 16 as the multiplier and calculated an amount of Rs.48,960/- for permanent disability. It is the contention of the appellant that no amount was granted for loss of earning power. Loss of earning power is the consequence of permanent disability. That need not be awarded separately. According to him, he was unable to continue his studies. He lost his studies. It is now settled by the Hon'ble Supreme Court that while taking multiplier and calculating compensation, second schedule should be a guideline for claims under section 166 also. In this connection, we refer to the decision of the Supreme Court in APSRTC v. M. Pentaiah Chary (2007 AIR SCW 5689) wherein the Hon'ble Apex Court held M.A.C.A.No. 43/2003 2 that a highest multiplier has to be taken for a motor accident victim aged below 20. Going by the second schedule, apt multiplier is 17. If that be so, compensation for permanent disability and loss of earning power will be Rs.1500 x 12 x 17 x 17 = Rs.52,020/- instead 100 of Rs.48,960/-. So, he will get Rs.3,060/- more on that count. We have seen that no amount is awarded for loss of studies. He had head injury. From the medical certificate it is seen that he has difficulty in using right hand and defective vision corrected with glasses and also complained of severe depression. For loss of studies, we award Rs.5,000/- more. Thus, claimant will be entitled to Rs.8,060/- more than that is awarded by the tribunal. We are of the opinion that the tribunal has granted just and reasonable compensation under other heads. The above additional compensation of Rs.8,060/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit. On deposit of the amount, appellant is allowed to withdraw the same. J.B.Koshy Judge P.N.Ravindran Judge vaa M.A.C.A.No. 43/2003 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.C.A. No. 43 of 2003 ------------------------------------- Judgment Dated:7th July, 2008