IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 MACA.NO. 1568 OF 2004() -------------------------------------- OPMV.535/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): CLAIMANT -------------------------------------- C.K.RAGHAVAN, AGED 40 YEARS, S/O.NARAYANAN NAIR, KOTTALAKKAL, P.O.EDNEER, CHENGALA VIA., KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.SREEJITH S.NAIR RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. A.MUHAMMED HANEEFA, S/O.ABDUL RAHIMAN HAJI, AJMEERIA MANZIL, THAIVALAPPIL, IVTH MILE, P.O. ALAMPADY, KASARAGOD TALUK. 2. MR.MUHAMMED SHAFI A.M., S/O.A.M.ABDUL RAHIMAN, RESIDING AT POOVALI, MULIYAR VILLAGE, KASARAGOD TALUK. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., POST BOX NO.19, M.G.ROAD, KASARAGOD, KERALA, POLICY NO.110080/31/001/11/08586/1999 VALAID FROM 28/5/1999 TO 27/5/2000 ADV. SRI.JOHN KOSHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19.11.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = M.A.C.A. No.1568 of 2004 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of November, 2008 J U D G M E N T ---------------------- Koshy, J. Appellant sustained injuries in a motor accident on 22.3.2000. He claimed a compensation of Rs.3,00,000/- contending that the accident occurred due to the rash and negligent driving of the vehicle by the first respondent and insured with the third respondent. But the Tribunal awarded a total compensation of Rs.57,080/- inclusive of reimbursement of medical expenses. The only dispute is regarding quantum of compensation and therefore we are considering only that aspect. 2. Appellant sustained head injury. Immediately after the accident he was taken to the Carewell Hospital and from there, to the Highland Hospital. He was treated there as inpatient for 8 days. Exhibits A3 and A4 are the discharge summary and wound certificate. Report on C.T. Scan show minimum subdural haemorrhage. He was unconscious in the hospital as seen from the medical records. The discharge summary shows that the eye movement was disconjugate. M.A.C.A. No.1568 of 2004 -: 2 :- Tribunal referred the appellant to the Medical Board attached to the Medical College Hospital, Kozhikode for assessment of percentage of disability. Exhibit X1 is the certificate issued by the Medical Board. He was examined by a panel of Doctors including Specialists in Orthopaedics, General Medicine, Opthalmology, E.N.T., Psychiatry and. Neurology. The medical certificate shows that appellant has 25% opthalmological and 30% Neurological disabilities. Tribunal assessed 11% disability. According to the Tribunal, there is no convincing evidence to show that the opthalmological disability is related to the accident. But C.T. Scan showed that there was head injury and haemorrhage. Discharge summary shows that his eye movement was not correct. According to the appellant after the accident he is unable to do anything. Considering the entire aspects, we are of the view that the Tribunal ought to have fixed at lest 30% as the whole body disability. 3. According to the appellant he was a businessman earning Rs.5,000/- per month. Tribunal fixed only Rs.1,500/- as the monthly income. The accident occurred on 22.3.2000. Even an unskilled labourer in Kerala will get Rs.150/- per day. Considering all these aspects, we fix Rs.3,000/- as the monthly income of the appellant. He M.A.C.A. No.1568 of 2004 -: 3 :- was 40 years age at the time of the accident. Tribunal did not calculate compensation on a scientific method, instead, awarded compensation of Rs.35,000/- for disability and loss of earning power. For a motor accident victim aged 40 but below 45 years, the Second Schedule of the Motor Vehicles Act prescribes 15 as the multiplier to be adopted. We take 15 as the multiplier taking guidelines from the Second Schedule. If that be so, compensation payable for disability and loss of earning power will be Rs.1,62,000/-. ([3000x12x15x30/100]). Tribunal has awarded Rs.35,000/- under that count. So the additional compensation payable will be Rs.1,27,000/-. For actual loss of earnings, Tribunal awarded only Rs.1,500/-. Considering the neurological defect we are of the opinion that for about two months he could not do anything and hence he is entitled to get two months income as actual loss of earnings. Therefore he is entitled to get Rs.4,500/- as additional compensation under that head. 4. It is contended that compensation awarded for treatment expenses, pain and suffering, transportation expenses are very meagre and for loss of amenities of life, no amount was awarded. But, considering the total compensation awarded, we are not inclined to enhance compensation on other heads. So the appellant is entitled M.A.C.A. No.1568 of 2004 -: 4 :- to get an additional compensation of Rs.1,31,500/- over and above the amount awarded by the Tribunal. The third respondent being the insurer is directed to deposit that amount with interest at the rate of 7.5% per annum from the date of application till realisation. On deposit the appellant is entitled to withdraw the said amount. Appeal is allowed in part. J.B. KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv