IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 MACA.No. 430 of 2005() ---------------------------------- OP(MV).535/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): APPELLANT/PETITIONER -------------------------------------------------------------- C.BASKARAN,S/O.GOVINDAN, AGED 58 YEARS,THANKAM NIVAS,CHEERAL POST, CHEERAL AMSOM DESOM,S.BATHERY TALUK, WAYANAD. BY ADV. SRI.S.M.PRASANTH RESPONDENT(S): -------------------------- 1. SEBASTIAN @ BIJU,S/O.CHACKO, AGED 23 YEARS,VELLAMATTATHIL HOUSE, PAZHOOR,ACHARIPADI,CHEERAL AMSOM DESOM, S.BATHERY TALUK,WAYANAD (DT.). (DRIVER OF KL 12/3435 MINI LORRY) 2. N.V.KURIAKOSE, NEDUMPILLIYIL HOUSE,MANTHANDIKUNNU, S.BATHERY TALUK,WAYANAD DISTRICT. (OWNER OF KL 12/3435 MINI LORRY) 3. NEW INDIA ASSURANCE CO.LTD., KALPETTA. POLICY NO.31760407845. R3 BY ADV. SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts R.BASANT & N.K.BALAKRISHNAN, JJ. ----------------------------------------- M.A.C.A No. 430 OF 2005 ---------------------------------------- Dated this the 8th day of July, 2011 JUDGMENT BASANT,J. Claimant is the appellant. He suffered personal injury in a motor vehicle accident that took place on 18.6.1997. Compound fracture of the right hand is the injury suffered. He was an inpatient for a period of 7 days. The Tribunal by the impugned award directed payment of a total amount of Rs.28,500/- against the claim for an amount of Rs.1,50,000/-. The amount is awarded as per the details shown below: 1. Loss of earning : Rs. 3,000/-(Rs.1500x2) 2. Transport charges : Rs. 500/- 3. Extra nourishment : Rs. 500/- 4. Bystander expenses : Rs. 500/- 5. Pain and sufferings : Rs. 5,000/- 6. Permanent disability : Rs.15,000/-(Global) 7. Treatment Expenses : Rs. 4,000/- --------------------- Total Rs.28,500/- ========== 2. The appellant claims to be aggrieved by the impugned M.A.C.A No. 430 OF 2005 2 award. What is his grievance? The learned counsel for the appellant submits the following as the grounds for challenge: 1.Monthly income of the appellant reckoned at Rs.1,500/- is too low. 2.The amount awarded under the head of pain and suffering is inadequate. 3.No amount has been paid under the head of permanent disability/reduction earning capacity by resorting to the multiplier-multiplicand method. 3. We have considered all the relevant aspects. We have heard the counsel for the appellant and counsel for the Insurance Company. The FIR itself shows that the appellant has an employment. He is doing nursery work, it is seen from the FIR. Precise and specific evidence to show the quantum of income has not been made available at all. The Tribunal drew the presumption of prudence that the appellant must have been earning an income of Rs.1,500/- per mensem. He is a person aged 58 years. Taking the totality of circumstance in to account, we are satisfied that the monthly income can safely be reckoned as Rs.2,000/- . In coming to the conclusion we take note of Entry 6 of Schedule 2 of the Motor Vehicles Act which stipulates that even for a non earning person Rs.1,250/- can be reckoned as the M.A.C.A No. 430 OF 2005 3 monthly earnings. 4. A major fracture has been suffered-compound fracture of the right hand. The appellant was inpatient for 7 days. We agree with the learned counsel of the appellant that a higher amount should have been awarded under the head of pain and suffering. We reckon that an amount of Rs.10,000/- as reasonable compensation under this head. 5. So far as the claim for compensation for permanent disability is concerned, Ext.A4 disability certificate was thrust into court. It is not be issued by any medical board. The person who issued the certificate has not been examined. In spite of all that, an amount of Rs.15,000/- have been awarded as compensation for permanent disability. This works out to the disability of 7.5% (2000x12x8x7.5/100=Rs.14,400/-). We are satisfied that the appellant is not entitled for any further amount on that score. The above discussions lead us to the conclusion that the appellant is entitled to a further amount of Rs.6000/-(Rupees six thousand only) as per the details shows below. 1.Loss of earnings : Rs.1,000/- (2000x2 minus Rs.3000) 2.Pain and suffering : Rs.5,000/- (10,000- minus 5000) Total -------------- Rs.6,000/- ========= M.A.C.A No. 430 OF 2005 4 6. In the result: a. This appeal is allowed in part. b. Respondent are directed to pay further amount of Rs.6,000/- (Rupees six thousand only) in addition to the amounts awarded by the Tribunal. c. Interest shall be payable as directed by the Tribunal in the entire amount of compensation. d. All other directions are upheld. R.BASANT, JUDGE N.K.BALAKRISHNAN, JUDGE mns