IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 MACA.No. 239 of 2007(A) ----------------------- OPMV.27/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/RESPONDENT NO.1 ------------------------------------------- VINOD, S/O. KUMARAN, AGED 39 YEARS, VINOD HOUSE, P.O.CHALA, KANNUR. BY ADV. SMT.K.K.CHANDRALEKHA SRI.SUDHEESH THAROL RESPONDENTS: 2ND RESPONDENT ---------------------------- M/S. ORIENTAL INSURANCE COMPANY LTD., CITY BRANCH HUMPANKATTU, KULYODI BUILDING, MANGLORE, REP. BY ITS DIVISIONAL MANAGER. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL ALONG WITH MACA.761 OF 2007 HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. --------------------------------------------- M.A.C.A.No.239 & 761 of 2007 -------------------------------------------- Dated this the 26th day of February, 2008 JUDGMENT Koshy, J. Driver of a tourist taxi met with an accident and sustained injuries on 5.1.2000. He claimed a compensation for Rs.10,00,000/-. The Tribunal awarded an amount of Rs.1,58,600/-. Out of which, Rs.25,132/- was granted for actual medical expenses covered by bills. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent Insurance Company. Both petitioner and the Insurance Company filed appeals. Only dispute in this appeal is regarding the quantum of compensation. Appellant is a tourist taxi driver. Main contention placed by the petitioner is that only Rs.1,500/- was taken as the multiplicand. The claim of the appellant was that his monthly income was Rs.2,000/- per month. The Tribunal has accepted Rs.1,500/-, in the absence of data. The contention of the Insurance Company is that as per the wound certificate, there was lacerated wound forehead, abrasion right eyebrow and dislocation of right elbow. Therefore, assessment of the medical board as 36% disability is not correct. But, the medical certificate produced and MACA.239 & 761/07 2 the evidence adduced by the petitioner show that after his discharge form service, again he felt continuous problems and he was treated at Dr.Sudhakar Shetty's Clinic at Mangalore. The ENMC report dated 11.3.2000 shows that there was partial axonotmesis - involving prediminently right upper brachial plexus (lower plexus relatively spared). He was again referred to Malar Hospital, Chennai and there he was in continuous treatment. The medical board examined him. It was found that he had wasting and weakness of right shoulder. Power Grade 3. - Rom abduction 45 degree, flexion 45 degree, external rotation 10 degree. Impressions noted in it as:-1. Partial brachial plexus injury right. 2. Partial Ankylosis right elbow. The medical board certified 36% disability. Considering the fact that he was a driver of tourist taxi and because of the accident, there was a difficulty in driving. The Tribunal accepted the medical board certificate and calculated compensation. He was 34 year old. Taking second schedule as the guideline, 17 was fixed as the multiplier and the compensation was arrived at. On going through the evidence, we are of the view that the Tribunal has awarded just and reasonable compensation and both appeals are liable to be dismissed. We do so. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs.