IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 MFA.No. 856 of 2002() ------------------------------ OPMV.1659/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANTS: PETITIONERS ------------------- 1. JAMEELA, AGED 42 YEARS, W/O.MOHAMMEDALI THEPARAMBIL HOUSE, GANESAMANGALM BEACH, VATANAPPALLY VILLAGE, CHAVAKKAD TALUK 2. SAJNA, AGED 21 YEARS, D/O.MUHAMMEDALI, THEPARAMBIL HOUSE, GANESAMANGALAM BEACH, VATANAPPALLY VILLAGE, CHAVAKKAD TALUK 3. MINOR AZHAR, AGED 16 YEARS, S/O.MUHAMMEDALI, THEPARAMBIL HOUSE, GANESAMANGALAM BEACH, VATANAPPALLY VILLAGE, CHAVAKKAD TALUK, REPRESENTED BVY GUARDIAN MOTHER JAMEELA. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS/ RESPONDENTS ----------------------- 1. C.V.PAULY, CHAKIYATH HOUSE, P.O.KARUKUTTY, ANGAMALY. 2. THOMAS S/O.DEVASSY, MADATHUMPADY VEETTIL MOOKKANNUR, ERANAKULAM 3. THE NEW INDIA, ASSURANCE CO. LTD., BRANCH OFFICE, PERINCHERRY BUILDING, ROUND NORTH, THRISSUR-1 BY ADV. SRI.LAL GEORGE - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.F.A. No. 856 of 2002 --------------------------------------- Dated this the 6th day of February, 2008 Judgment Koshy,J. A 53 year old man who was employed in Gulf countries sustained serious injuries in a motor accident and he claimed compensation of Rs.4,75,000/-. Even though tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company, total compensation awarded was only Rs.58,300/-. Only quantum of compensation is disputed in this appeal. The accident occurred on 30.9.1999. After tendering evidence, the injured died on 10.11.2001 and his legal representatives, that is, his wife and children, were impleaded as parties. He produced Ext.A80 certificate from the employer to prove that he was employed in Gulf. It shows that he was employed as a Foreman at ADCO Oil Company, Abudhabi during the period of accident and his gross pay was 5848 Dirhams per month which is equivalent to Indian Rs.17,000/-. Ext.A82 is the copy of passport which shows that he came on leave. It further shows that he has returned for work after one month, but, M.F.A.No. 856/2002 2 thereafter, he was discharged as medically unfit and, therefore, he was not able to continue the job. Passport also shows that he returned. He died after about two years of the accident. Even though it is contended that trauma and after effects of the accident resulted in his death and the accident has got definite role on his death, no medical evidence was produced to that effect, but, the effect is that he died at the age of 55, immediately after two years of the accident. Considering the disabilities, doctor granted only 3% disability. Even though he cannot be granted compensation for death, the tribunal ought to have granted compensation for 3% disability. Proceedings before the Motor Accidents Claims Tribunal is summary proceedings. Medical certificate was marked with consent and no counter evidence was adduced and the tribunal ought to have awarded at least 3% disability. The contention that even though there is only 3% disability assessed, it can be termed as 100% disability as he was discharged from service cannot be accepted. He was aged 53 at the time of accident. Therefore, the multiplier that has to be taken is only 11. Even though his monthly income was Rs.17000/- at the time of accident, he was employed in Abudhabi. Considering his personal expenses, we take only Rs.10,000/- as monthly income for the purpose of calculating M.F.A.No. 856/2002 3 compensation. Therefore, he will be entitled to Rs.10000 x 12 x 11 x 3 = Rs.39,600/- towards disability and consequent loss of 100 earnings. The tribunal has awarded only Rs.7,000/- under this head. Therefore, the claimants are entitled to Rs.32,600/- on this count. He was completely bed-ridden for one month and he is entitled to Rs.10,000/- for actual loss of earnings which was allowed by the tribunal. Medical reimbursements were also granted by the tribunal. We are of the opinion that just and reasonable compensation was awarded by the tribunal under other heads. Therefore, the claimants are entitled to an additional compensation of Rs.32,600/- which should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit over and above the amount decreed by the tribunal. On deposit of the amount, wife of the deceased, namely, first appellant is allowed to withdraw the same. J.B.Koshy Judge K. Hema Judge vaa M.F.A.No. 856/2002 4 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No. 856 of 2002 ------------------------------------- Judgment Dated:6th February, 2008