IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 MFA.No. 1165 of 2002 ------------------------------- O.P.(MV).NO.3475/1995 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA. .................... APPELLANT/ PETITIONER: -------------------------------------- RAJAN, S/O. POKKAN, AGED 30 YEARS, RESIDING AT PARAMBATH HOUSE, ORKKATTERI AMSOM AND DESOM, ORKKATTERI P.O., VATAKARA TALUK, CALICUT DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. RENUKA, D/O. PADMANABHAN NAIR, AGED NOT KNOWN, KECHEDUTH HOUSE, THURUTHIYAD P.O., CALICUT, R.C. OWNER OF BUS KL-13/5860. 2. T.A.JOY, S/O. ELIAS, AGED 27 YEARS, TEKKUM KATTIL HOUSE, VELLATHOOVAL, AYIRAM EKKAR P.O., IDUKKI DISTRICT, D.L.NO.1/908/86, BADGE NO.204/90/10, DRIVER OF BUS KL-13/5860. 3. NEW INDIA ASSURANCE CO.LTD., MAIN ROAD, ERNAKULAM, POLICY NO.3172020302698, INSURER OF BUS KL-13/5860. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL, ADV. SRI.P.S.SREEDHARAN PILLAI, ADV. SRI.P.GOPINATH. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 15/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.F.A. No. 1165 of 2002 --------------------------------------- Dated this the 15th day of February, 2008 Judgment Koshy,J. Appellant/Claimant met with an accident on 13.11.1993. He claimed a compensation of Rs.4,25,000/-. Tribunal awarded only Rs.62,420/- with interest. The only dispute is regarding the quantum of compensation as the accident, coverage of insurance etc. are admitted. Appellant sustained injuries at the age of 30. Since he has completed the age of 30, 17 is the apt multiplier. The tribunal has taken 17 as the multiplier for calculating the compensation. As a result of the accident, there was compound fracture shaft of right femur with vascular injury , fracture shaft of left femur, abrasion on right front vasculating of right leg and he was treated in the Medical College Hospital as an inpatient for a long time. Appellant/Claimant produced a medical certificate assessing 12% disability. The tribunal accepted 12% disability and compensation was calculated. According to the claimant, he was a carpenter and was earning Rs.3,000/- per month. In the absence of any data, the tribunal has taken only Rs.1,500/- as the monthly M.F.A.No. 1165/2002 2 income. He was maintaining a family and was a carpenter by profession. Even an unskilled worker in Kerala will get Rs.100/- per day during that period. Since he was a carpenter, he may get at least 24 to 26 days work in a moth. So, we fix Rs.2,500/- as the monthly income. Therefore, compensation for disability will be Rs.2500 x 12 x 17 x 12 = Rs.61,200/-. Tribunal has awarded only 100 Rs.36,720/-. So, he will be entitled to an additional amount of Rs.24,480/-. He was in the hospital as an inpatient for 47 days. Thereafter, he was under rest and implants were put and that had to be removed. Total amount awarded for treatment was Rs.2,400/-. There will be many expenses that will not be covered by bills. Therefore, we are of the opinion that at least a minimum of Rs.5,000/- ought to have been awarded for the expenses incurred. So, he is entitled to Rs.2,600/- more in that count. For loss of actual earnings, tribunal found that he was under treatment for a period of at least three months in which he was not able to earn anything. Taking Rs.1,500/- as the monthly income, tribunal has awarded Rs.4,500/-. Since we have increased the monthly income to Rs.2,500/- he is entitled to Rs.7,500/- towards actual loss of earnings for three months period and he is entitled to an additional amount of M.F.A.No. 1165/2002 3 Rs.3,000/- under this head. So, additional amount payable to him will be Rs.30,080/-. The above amount of Rs.30,080/- 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, appellant is allowed to withdraw the same. J.B.Koshy Judge K. Hema Judge vaa M.F.A.No. 1165/2002 4 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No. 1165 of 2002 ------------------------------------- Judgment Dated:15th February, 2008