IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 MFA.No. 63 of 2001(B) --------------------- OPMV.329/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT: PETITIONER: ----------- K.VELAPPA MENON, S/O.LATE P.GOPALA MENON,'SOUPARNIKA', CHAITHANYA COLONY, NEAR REST HOUSE, P.O.KOTTAKKAL, PIN-676 503. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: RESPONDENTS:- ------------- 1. ONATHUKKATTIL ABDUL AZEEZ, S/O.KUNHIMOHAMMED HAJI, MARAKKARA AMSOM, ERAKARA DESOM, P.O.MARAKKARA. 2. O.ABDUL AZEEZ, S/O.KUNHIMOHAMMED, KONGAPPALLY HOUSE, KOTAKKAL, MALAPPURAM DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD., UP HILL, MALAPPURAM, CERTIFICATE NO.101001/31/0056 POLICY NO.055026-01-90. 4. KALATHINGATHODI ABU, S/O.MOIDEEN, MARAKKARA AMSOM, DESOM, P.O.MARAKKARA, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.V.JYOTHI PRASAD FOR R3 SRI.M.A.GEORGE THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. ------------------------------------------------ M.F.A. No.63 OF 2001 ------------------------------------------------ Dated this the 10th day of January, 2008 JUDGMENT Koshy, J: Claimant, an L.I.C. agent, met with a motor accident. As a result of the accident, he suffered compound fracture on his right leg below the knee. His both bone were fractured. It is the case of the appellant that 3 times plaster cast was removed and reapplied and because of the malunion he was under plaster cast for about six months out of which about 24 days he was an inpatient. These are proved by Exts.A2 to A5 certificates. Doctor attached the Medical College Hospital, certified 22% disability due to the accident. Even though Tribunal found that the accident occurred due to the negligence of the 4th respondent, against a total claim of Rs.5,40,000/-, only Rs.40,000/- was awarded as compensation by the Tribunal. Only quantum of compensation is disputed in this appeal. [MFA.63/01] 2 2. It is not disputed that claimant was an L.I.C. agent. According to claimant, he was a member of Chairman Club of L.I.C. and he is entitled to get all the benefits of a top executive of the L.I.C. Due to the accident he was unable to do any canvassing work for a period of 6 months and loss of actual earning was not awarded by the Tribunal. Though it was stated by him that he was earning Rs.18,000/- per month and was paying income tax, no document was produced to prove the same. In the absence of any details regarding monthly income, we take Rs.3000/- as the monthly income. If that be so, he will get Rs.18,000/- for actual loss of earning for six months. It is true that he continued his treatment after the period of rest. Even though, because of the disability, he may not be able to do any canvassing work, his income may increase because of the work and commission earned in the previous period. The Tribunal did not grant any compensation for loss of earning power and disability. Only for loss of amenities Rs.10,000/- was awarded. We are of the view that even though compensation cannot be granted on a multiplier method on the facts of the case, considering the disability, he should be granted Rs.25,000/- for disability and loss of earning power etc. apart from the amount of Rs.10,000/- granted for loss of amenities. Thus, [MFA.63/01] 3 the additional amount payable to him is Rs.43,000/-. The above Rs.43,000/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit except for the period of one year when the case was dismissed for default and subsequent restoration as held by the Tribunal. On deposit of the amount, appellant is allowed to withdraw the same. Appeal is partly allowed. Sd/- J.B. KOSHY, JUDGE. Sd/- K. HEMA, JUDGE. Krs. [MFA.63/01] 4 J.B. KOSHY & K. HEMA, JJ. ------------------------------------------------ M.F.A. No.63 OF 2001 ------------------------------------------------ Dated this the 10th day of January, 2008 JUDGMENT