IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 MACA.No. 879 of 2007(G) ---------------------- OPMV.422/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANT/CLAIMANT -------------------------------- SUNNY, AGED 36 YEARS, S/O.PAILY, CHIRAYATH HOUSE, MALAYATTOOR KARA, MALAYATTOOR VILLAGE. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): RESPONDENTS -------------------------- 1. RAIJU, S/O.P.T.LONA, PONAMANASSERY HOUSE, KOONJELI DESOM, WEST, CHALAKKUDY. 2. SABU VARGHESE, S/O.VARGHESE, PUTHENVEETTIL HOUSE, PADY KODALI, TRICHUR DIST. 3. NATIONAL INSURANCE CO.LTD., DAMODAR CHAMBERS, STATUE JUNCTION, TRIPUNITHURA. BY ADV. SRI.N.ANILKUMAR FOR R1 & 2 SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO: 879 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th Day of August, 2009 JUDGMENT K. M. Joseph J. The appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act. He claimed compensation of Rs.4,00,000/- and was awarded a sum of Rs.1,70,080/-, by the Tribunal. This appeal is filed against the inadequacy of quantum of compensation awarded. 2. Heard the learned counsel for the appellant and the learned counsel for the Insurance Company. 3. Learned counsel for the appellant would contend that the appellant should be awarded compensation for future medical expenses. He had produced medical bills. There is not much dispute relating to medical bills. The amount of Rs.7,352/- towards medical bills is allowed. The learned counsel for the appellant further complains that the income arrived by the Tribunal is incorrect. M.A.C.A . NO: 879OF 2007 :2: 4. The appellant was a driver and he had a valid badge also. He had produced his Salary certificate Ext.A12 and the employer who issued the certificate, was examined. The employer had not kept any register to show that the appellant was an employee of that institution. Further it is stated that the appellant has not produced any document to show that he was employed under PW2, as a driver. Having regard to the date of accident, we can safely fix his income as Rs.2,000/- per month. Going by the decision of Apex Court in 2009 ACJ 1298 (Sarala Verma and others V. Delhi Transport Corporation and another), the multiplier can be fixed as 17. On this basis the appellant would be entitled to an amount of Rs.8,400/- towards disability compensation. On the basis of increased income of Rs.2,000/-, we award an amount of Rs.3,000/- more, towards loss of income for a period of 6 months. Thus, the appellant is entitled to realise an amount of Rs.18,752/- more. Accordingly, this appeal is allowed and the appellant is allowed M.A.C.A . NO: 879OF 2007 :3: to realise an amount of 18,752/- (rounded of to Rs.18,750/-) along with interest at the rate of 7.5% from the date of petition till the date of realisation from the third respondent. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/