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 1ST JUNE 2009 / 11TH JYAISHTA 1931 MACA.No. 885 of 2004() ---------------------- OPMV.1473/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- C.P.RAGHAVAN, S/O. PADMAN, CHENNANATTU VELI VEEDU, C.M.C.9, VARANADU P.O., CHERTHALA. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): RESPONDENTS -------------------------- 1. JOSEPH S/O. THOMAS, PUTHENTHARA VEEDU, MUTTATHIPARAMPU P.O., CHERTHALA. 2. JAIMON S/O. JOSEPH, THOTTUMKAL VEEDU, WEST OF MUTTOM CHURCH, C.M.C.23, CHERTHALA P.O. 3. THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, CHERTHALA. ADV. SRI.JAICE JACOB FOR R1 & R2 SRI.M.S.THOMAS FOR R1 & R2 SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. ```````````````````````````````````````````````````` M.A.C.A. No. 885 OF 2004 C ```````````````````````````````````````````````````` Dated this the 1st day of June, 2009 J U D G M E N T Joseph, J. Appellant is the claimant in a petition filed under section 166 of the Motor Vehicles Act. The Tribunal has awarded a total sum of Rs.33,300/-. This is after finding that he is entitled to compensation of Rs.37,000/- but deducting 10% towards contributory negligence. The net amount is awarded. 2. We heard learned counsel for the parties. The Tribunal has awarded the following sums. Towards loss of earnings a sum of Rs.12,000/- is awarded and towards treatment, transportation, medicine and other expenses Rs.10,000/- is granted. Under the head pain and suffering, an amount of Rs.7,000/- is granted. On the basis of partial disability, Rs.8,000/- is awarded. Thus, Rs.37,000/- as already mentioned is arrived at. 3. Learned counsel for the appellant would point out that the appellant was running a workshop. He also referred to Ext.A10 which is a statement filed under Chapter 12C of the MACA.885/04 : 2 : Income Tax Act. It is seen dated 29.3.1996. The declaration would show that he does not have any income from the business in question in excess of Rs.37,000/-. Going by the number of months and amount awarded towards loss of earnings, it would appear that the Tribunal has taken the income as Rs.3,000/-. Therefore, no revision is warranted under the head of loss of earnings. He stands awarded Rs.12,000/- already. 4. We have noticed that only Rs.7,000/- was granted towards pain and suffering. From the certificate which is produced, we would notice that he had malunited fracture shaft of Humeers(Right). The certificate would further show that he has disability of 22%. The appellant was aged 62 years at the time of the accident. In regard to Ext.A1 certificate showing 22% disability, the Tribunal has taken note of the statement by the doctor that certificate was issued to get grant from Social Welfare Department. The Tribunal has also taken note of the fact that PW1 is unable to remember whether he verified treatment records before issuing Ext.A1. The Tribunal also noted that when the party was examined before the court, it noted disfigurement before the right shoulder and knee of the appellant. Thereafter, it is MACA.885/04 : 3 : stated that the assessment is excessive. Towards partial disability and consequential discomfort, a lumpsum amount of Rs.8,000/- is given. We would think that the amount awarded towards pain and suffering is too inadequate and the appellant should be granted a further sum of Rs.3,000/- more towards pain and suffering. We also would think that the Tribunal has erred in awarding only Rs.8,000/- towards partial disability, consequential discomfort and disfigurement. A further sum of Rs.7,000/- more as a lumpsum compensation is granted towards partial disability, consequential discomfort and disfigurement. Accordingly, the appeal is allowed in part and the appellant is allowed to realize a sum of Rs.10,000/- more at 7.5% interest from the date of the application till the date of realization. Sd/- (K.M.JOSEPH, JUDGE) Sd/- (M.L. JOSEPH FRANCIS, JUDGE) aks // True Copy // P.A. to Judge