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. 1269 of 2006(B) ----------------------- OPMV.418/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- P.S.SURESH, S/O. SAHADEVAN, PAMPURALAYIL HOUSE, POTHI KARA, VADAYAR VILLAGE, NOW RESIDING AT VELLAMCHERIL, KIDANGOOR P.O. BY ADV. SRI.MATHEW JOHN (K) SRI. SUJESH MENON V.B. RESPONDENT(S): --------------- 1. SAJEEV, S/O. KESHAVAN, VELICKAKATTU HOUSE, THIRUNELLOOR P.O., PALLIPURAM VILLAGE. 2. K.T.BIJU, KOCHUPARAMBIL HOUSE, CHERTHALA 3. THE UNITED INDIA INSURANCE CO.LTD., CHERTHALA. ADV. SRI.P.MURALEEDHARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/8/2009, THE COURT ON 24/08/2009 DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO: 1269 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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. Being aggrieved by the quantum of compensation awarded, the appellant has filed this appeal. The appellant has claimed for a compensation of Rs.1,55,000/- and the Tribunal has awarded Rs.58,963/-, the break up of which is as shown below: Medical expenses : Rs. 9,863/- Loss of earnings ; Rs. 6,000/- Bystander expenses : Rs. 500/- Extra-noursihment : Rs. 250/- Damages to clothing : Rs. 250/- Transport to hospital : Rs. 500/- Pain and suffering : Rs.15,000/- Loss of amenity : Rs. 5,000/- Permanent partial disability : Rs.21,600/- Rs.58,963/- = = = = = = = = M.A.C.A . NO: 1269 OF 2006 :2: 2. We heard the learned counsel for the appellant and the learned counsel for the Insurance company. 3. The learned counsel for the appellant would point out that the Tribunal ought to have taken the income at higher level. The appellant was a head load worker. He has produced copy of his identity card as Ext.A7. Learned counsel for the appellant pointed out that, considering the wage of appellant at Rs.100/- per day, the Tribunal ought to have taken the income of the appellant as Rs.3,000/- per month. Having regard to the nature of the work of the appellant and the fact that the accident took place in the year October 2001, we fix the income of the appellant as Rs.2,500/- per month. On this basis, the appellant would be entitled to a sum of Rs.5,400/- more, by way of disability. He would be also entitled to for a sum of Rs.1,500/- towards loss of earning, for three months. Accordingly, this appeal is allowed and the appellant is M.A.C.A . NO: 1269 OF 2006 :3: allowed to realise an amount of Rs.6,900/- more along with interest of 7.5% from the date of petition till the date of realisation from the respondents. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/