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 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 MACA.No. 766 of 2005 ----------------------------------- OPMV.2214/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APELLANT/PETITIONER: ANIYAN @ SIVASANKARAN S/O. VELAYUDHAN, NADUVILPURAKKAL HOUSE, ANDAPARAMBU, P.O. ANJOOR, MOONDOOR, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS/RESPONDENTS: 1. K.T. SASI, S/O. THANIKKUTTY, KANDAMPULLY HOUSE, KATTUKAMBAL P.O., THRISSUR DISTRICT. 2. SHAJI, S/O. ACHUTHAN, KANDIRITHY HOUSE, PAZHANJI P.O., THRISSUR DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, KUNNAMKULAM. ADV. SRI.C.V.BIMAL ROY FOR R3 SRI.RAJIT THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.766 of 2005 --------------------------------- JUDGMENT Koshy, J. Appellant sustained serious injuries in a motor accident on 1.10.1999 while riding a bicycle. The accident occurred when bus bearing Reg.No.KEH 9750 came from the opposite side in a rash and negligent manner, driven by the second respondent hit against him and thereby he sustained injuries. First respondent is the owner of the offending vehicle and the third respondent is the insurer. He claimed a total amount of Rs.3,30,500/- by way of compensation. The Tribunal awarded a total compensation of Rs.1,58,000/-, inclusive of medical expenses, with interest at 6% per annum and cost of Rs.4,000/-. The only dispute in this appeal is regarding the quantum of compensation. 2. According to the claimant, he was engaged in diamond cutting and polishing work. He produced MACA 766/05 2 Exhibit A13 employment certificate. He has also produced his passport. According to him, he was earning Rs.3,500/- per month at the time of accident and because of the accident, he is unable to do the work and as far as he is concerned, his entire earning capacity has been lost. Tribunal has taken only Rs.2,000/- as his monthly income and Exhibit A13 certificate was not relied on. We note that no counter evidence was produced and document was marked with consent. Claimant was aged 38 at the time of the accident and he was maintaining a family. Considering the wages of even unskilled workers in Kerala State, at least Rs.3,000/- ought to have been taken as the monthly income. Tribunal has taken 16 as the multiplier, taking guidelines from the second schedule. We see no ground to enhance the same. With regard to permanent disability and loss of earning power, it has come out in evidence that he had, apart from orthopaedic difficulties, urological problems also. There was MACA 766/05 3 pelvis fracture, diastasis and pelvic external fixation was done. Exhibit A2 is the wound certificate. Exhibits A6 and A7 are discharge certificates. Exhibit A8 is the medical certificate issued by a Consultant Urologist, according to whom, appellant is having 15% permanent urological disability. Exhibit A9 is is the disability certificate issued by the Doctor of Medical College Hospital, Thrissur reporting 20% permanent physical disability. Exhibit A10 is the X-ray showing the injuries. Apart from these, he is unable to do any hard work. He has also stated that it is very difficult for him to pass out urine and is unable to perform sexual act. Tribunal considered the matter in detail and awarded compensation for 25% permanent disability. We see no ground to change the same. Therefore, the compensation payable will be 3000 x 12 x 25/100 x 16 = 1,44,000/-. Tribunal has awarded Rs.96,000/-. Therefore, the claimant will be entitled to an MACA 766/05 4 amount of Rs.48,000/- more on that count. The above amount of Rs.48,000/- shall be deposited by the third respondent Insurance Company with 7.5% interest per annum from the date of application till its deposit over and above the compensation awarded by the Tribunal. On deposit of the amount, appellant is allowed to withdraw the same. Appeal is allowed in part. (J.B.Koshy, Judge) 4th November, 2008 (K.P.Balachandran, Judge) tkv