IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 MACA.No. 220 of 2003() ---------------------- OPMV.2341/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT/PETITIONER: -------------------------------------- JEEVAKUMAR, S/O. RAGHAVAN PILLAI, MURALEESADANAM, ERAM, CHATHANNOOR. BY ADV. SRI.ANCHAL.C.VIJAYAN RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. MOHAN KUMAR, S/O. MARICKOM, G/A MADHYAM LAYOUR, K.K.NAGAR, METTUPALAM. 2. RENGANATHAN, S/O. GANGADHARAN, MAYLATTY, OOTTY. 3. MANAGING DIRECTOR, BHARATHEEYA TRANSPORT CORPORATION, OOTTY, TAMILNADU. BY ADV. SRI.P.RAVINDRAN (SR.) - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.A.C.A.NO.220 OF 2003 --------------------------------------- Dated this the 27th day of June, 2008 J U D G M E N T Koshy,J. Appellant claimant sustained injuries in a motor accident on 16.2.1996. Against a claim of Rs.2,50,000/-, tribunal awarded only an amount of Rs.47,000/-. Only quantum of compensation is disputed in this appeal. 2. Petitioner suffered fracture of tibia of right leg, (comminuted fracture of medial condyle of right tibia) and fracture of ribs Nos.5, 6, 7, 8 and 9. He was referred to the Medical College Hospital, Thiruvananthapuram. Doctor certified 15% disability. Doctor also noticed that there was shortening of half inch, wastage of thigh muscle etc. He was a M.Com graduate and he was employed as Accounts Officer in J. K. International, Cochin. His monthly salary at the time of accident was Rs.8,000/-. The tribunal for the purpose of calculation of M.A.C.A.220/2003 2 compensation, only fixed Rs.3,000/- as the monthly income and compensation was granted for 7% disability. Tribunal noticed that at the time of examination, he deposed that his salary was over Rs.11,000/-. So the tribunal was of the opinion that his earning power was not reduced. At the same time, he had shortening of leg and wastage of muscles because of the injuries and he may have difficulties through out his life. Taking into account all these facts, for permanent disability and loss of earning power, tribunal awarded Rs.20,000/-. We are of the view that considering the after effects of the accident, that requires no interference. But tribunal found that he was unable to move for about three months and for actual earning, tribunal has granted only Rs.9,000/-. We are of the view that in view of the fracture of four ribs and fracture of tibia, considering the medical treatment he has to undergo atleast for four months he was unable to do any work and for loss of actual earnings, tribunal ought have awarded Rs.32,000/- (Rs.8,000 x 4), taking Rs.8,000/- as the monthly income. But tribunal has awarded only Rs.9,000/- under that head. Therefore, he is entitled to an M.A.C.A.220/2003 3 additional amount of Rs.23,000/- for actual loss of earning. Even though it was argued that amount awarded for pain and sufferings, medical expenses etc. are very low, considering the total amount awarded, we are of the opinion that just and reasonable compensation are awarded under other heads and the additional amount of Rs.23,000/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the above amount, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp M.A.C.A.220/2003 4