IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 MACA.No. 129 of 2003() ------------------------------- OPMV.806/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT/3RD RESPONDENT: ------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB RESPONDENTS: PETITIONER: ------------------------ VARGHESE, S/O. THOMAS, ARYANCHERRY HOUSE, MUNAMBAM KARA, KUZHUPPILLY VILLAGE. NO RELIEFS ARE CLAIMED AGAINST RESPONDENTS 1,2,4 & 5 IN THE O.P. AND HENCE THEY ARE NOT MADE PARTIES IN THE APPEAL. BY ADV. SRI.V.K.GOPALAKRISHNA PILLAI SRI.GOPAKUMAR.G. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.A.C.A NO.129/2003 ORDER ON I.A. NO.458/2003 IN MACA. NO.129/2003 DISMISSED 20.02.2008 SD/- J.B.KOSHY , JUDGE SD/- K.HEMA, JUDGE /TRUE COPY/ P.S. TO JUDGE tss J.B. Koshy & K.Hema, JJ. -------------------------------------- M.A.C.A. No.129 of 2003 --------------------------------------- Dated this the 20th day of February, 2008 Judgment Koshy,J. This appeal is filed by the insurance company challenging the quantum of compensation awarded by the tribunal. Respondent in the appeal sustained injuries in a motor accident while he was travelling on the pillion of a scooter which was hit by a Maruti van bearing registration No. KL-7/V-90 insured by the appellant. As a result of the accident, respondent sustained fracture of right tibia and right fibula. He was treated as an inpatient in the hospital for 45 days. There was mal-union of fracture. The doctor assessed 15% disability. According to the respondent, his monthly income was Rs.3,500/-, apart from the commission earned by him as a commission agent for fishes. He is the owner of a motor boat. In the absence of data, the tribunal fixed only Rs.2,000/- as the monthly income. He was aged 35 at the time of the accident which occurred on 25.5.2000. The tribunal awarded Rs.75,000/- for 15% disability assessed by the doctor. The contention of the insurance company is M.A.C.A.No. 129/2003 2 that the tribunal has fixed Rs.2,000/- as monthly income and if 15% disability was taken into account, loss of disability compensation will be Rs.57,600/- whereas Rs.75,000/- was awarded by the tribunal, but, it is contended by the counsel for the respondent that the amount fixed was very low. Even a manual worker in Kerala will get more than Rs.150/- per day and it is further stated that he was working as a commission agent apart from the fact that he was the owner of a fishing boat. He was maintaining a family. The accident occurred in the year 2000. We are of the opinion that Rs.2,000/- fixed as monthly income is very meagre and at least Rs.3,000/- ought to have been fixed by the tribunal. If Rs.3,000/- is fixed and compensation is calculated on a multiplier method for 15% disability, compensation awarded is inadequate. Total amount of Rs.79,000/- was awarded for medical expenses for which actual medical bills produced were for Rs.78,524.15. There will be many expenses without bills in the long treatment period. It is true that Rs.25,000/- was awarded for loss of amenities. Even though it is stated that loss of amenities is only for loss of actual earnings during the treatment period, he was treated as an inpatient for about 45 days. He was out of work for more than six months due the accident. Rs.25,000/- was awarded towards compensation for M.A.C.A.No. 129/2003 3 loss of amenities and inconvenience caused. We are of the view that considering the total amount granted and considering the expenses incurred for treatment, compensation granted is not unreasonable so as to warrant interference in the impugned award. Hence, we see no ground to interfere in the appeal and the appeal is dismissed. J.B.Koshy Judge K. Hema Judge vaa M.A.C.A.No. 129/2003 4 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.A.C.A. No.129 of 2003 ------------------------------------- Judgment Dated:20th February, 2008