IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 648 of 2003(Y) ----------------------- OPMV.80/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): (PETITIONER): ------------------------------------- K.C.THOMAS, AGED 37 YEARS, S/O. SCARIA, KINDANGATH KAROTE HOUSE, IDIVANNA, P.O. NILAMBUR. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): (RESPONDENTS): ----------------------------- 1. V.H. ABDUL ALI, S/O. HAMZA, VATTAPARAMBAN HOUSE, NILAMBUR P.O. (DRIVER). 2. K.S.MATHEW, S/O. SEBASTIAN, KALLAN MAKKALA HOUSE, EDIVANNA P.O., NILAMBUR - OWNER. 3. ORIENTAL INSURANCE COMPANY LIMITED, MANJERI. 4. RAMACHANDRAN P.K., S/O. KUNJU, PADUKANI HOUSE, MAMANGARA MODAPOIKA P.O. - DRIVER. 5. AYYAPPAN, S/O. CHERIYATHAN, NECHIKUNDU HOUSE, VALLUVAMBRAM P.O. - OWNER. 6. UNITED INDIA INSURANCE COMPANY LIMITED, COIMBATORE-2. ADV. SRI.M.JACOB MURICKAN FOR R3 SRI.M.A.HAKIM SHAH FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.648 of 2003 -------------------------------------- Dated this the 10th day of November, 2008. JUDGMENT Koshy, J. The appellant/claimant sustained serious injuries in a motor vehicle accident occurred on 23.3.1997. As a result of the accident, he sustained the following injuries:- “(1) Lacerated wound left forehead 'U' shaped with avulsion; (2) Lacerated wound index finger left; (3) Contusion right little finger Ext.A2 further shows that X- Ray examination had revealed fracture ischio cubic ramus (right) little finger and fracture distal phalanx right. C.T. scan shows compound depressed fracture, right frontal bone and brain aedema.” MACA No.648/2003 2 2. Ext.A1, disability certificate assessed 13% partial permanent disability. According to the appellant, he was an agriculturist and his monthly income was Rs.3,500/-. But the Tribunal accepted Rs.1,800/- as the monthly income of the appellant. Appellant was aged 37 at the time of accident and he was maintaining a family. Considering the income of even an agriculturist, we are of the opinion that Rs.2,500/- can be fixed as the monthly income. If that is so, compensation payable for 13% disability will be Rs.62,400/- [(2,500 x 12 x13 x16) / 100]. Tribunal has awarded only Rs.45,000/-. So the additional compensation payable to the appellant will be Rs.17,400/-. It is contended by learned counsel for appellant that compensation granted on all other counts are very meager. But we are of the opinion that medical bills were reimbursed and sufficient compensation was awarded on different counts. The additional compensation of Rs.17,400/- (Rupees Seventeen thousand and four hundred only) should be deposited by the third respondent Insurance Company with interest at the rate of 7.5% per annum from the date of MACA No.648/2003 3 application till the date of deposit over and above the compensation awarded by the Tribunal. On deposit of additional compensation, the appellant is entitled to withdraw the same. The appeal is partly allowed as above. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks