IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MACA.No. 529 of 2003 ------------------------------- O.P(MV).NO.850/1997 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM. .................... APPELLANT/APPLICANT: ------------------------------------ SUDARSANAN, S/O.BHASKARAN, SHYAMAVILA VEEDU, KARITHODU, KANJIRAM PARA P.O, SASTHAMMANGALAM, THIRUVANANTHAPURAM. BY ADV. SRI.THALIYAL. R. GOPAKUMAR. RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. K.RAJENDRAN NAIR, S/O.KRISHNA PILLAI, MARAVANKUDIYIRUPPU, KOTTAR, NAGER COIL. 2. MURUGAN, S/O.SELVAN,VANIGER, VADAKKETHERUVU VEEDU, NAGER COIL TALUK, KANYAKUMARI DISTRICT. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, XAVIER BUILDING IIND FLOOR, PWD OFFICE ROAD, NAGERCOIL. ADV. SMT.P.A.REZIYA FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.529 OF 2003 () ----------------------------------- Dated this the 30th day of September, 2008 J U D G M E N T KOSHY,J. Appellant/Claimant, at the age of 31, sustained injuries in a motor accident on 31.10.1995. He claimed a compensation of Rs.1,50,000/-. Even though the Tribunal found that accident occurred due to the negligence of the 2nd respondent, driver of the vehicle owned by the 1st respondent and insured by the 3rd respondent Insurance company, total compensation awarded was only Rs.9,300/- with interest. Only dispute is regarding the quantum of compensation. 2. He was an auto driver by profession. Tribunal has fixed only Rs.1,800/- as the monthly income. We are of the opinion that being an auto driver, he will earn Rs.100/- per day and he will get atleast 25 days work in a month and MACA.529/03 2 Rs.2,500/- can be fixed as the monthly income. With regard to the injuries, Ext.A6 disability certificate issued by the doctor who treated him shows that petitioner had decreased vision of left eye, headache vertigo etc. and his permanent partial disability is 9%. But the Tribunal noticed that there is no evidence to show that he has underwent treatment for these disabilities consequent to the accident. Considering the wound certificate, no serious injuries were caused to him. Tribunal also noticed that he renewed his driving licence and no spectacles were used by him. Therefore, permanent disability of 9% was not accepted. However, we note that because of the injuries sustained as can be seen from the disability certificate, he could not have been able to drive the vehicle for two months, and if that be so, Rs.5,000/- ought have been awarded for actual loss of earning taking Rs.2,500/- as the monthly income. But the Tribunal has granted only Rs.1,800/- for loss of actual earning. Therefore, he will be entitled to additional Rs.3,200/- under that head. Even though for loss of earning power, no amount was awarded, due to the accident, he has sustained serious pain and MACA.529/03 3 Tribunal has awarded only Rs.6000/- for pain and sufferings. We are of the view that another Rs.1,800/- ought have been awarded for pain and sufferings, loss of amenities and injuries. Thus, additional compensation amount payable will be Rs.5,000/-. The above additional amount of Rs.5,000/- 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 and on deposit of the above amount, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th September, 2008