IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 MACA.No. 842 of 2007() ---------------------- OPMV.241/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV): ----------------------------------------------- V.M.BHARATHAN, S/O. LATE MOOTHORAN, AGED 46 YEARS, RESIDING AT MANATHAMKANDY PURAYIL HOUSE, P.O.PAVANDOOR, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS/RESPONDENTS IN OP(MV): ----------------------------------- 1. T.K.BABU, S/O. KARUNAKARAN NAIR, RESIDING AT THADATHAMKANDY HOUSE, MANNALPOYIL, P.O.ERAMANGALAM, KOZHIKODE. 2. T.K.DILEEP KUMAR, S/O. KARUNAKARAN NAIR, RESIDING AT THADATHAMKANDY HOUSE, MANNALPOYIL P.O., ERAMANGALAM, KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE-2, 2ND FLOOR SEEMA TOWER, BANK ROAD, KOZHIKODE. BY ADV. SRI.JOHN JOSEPH VETTIKAD FOR R3 SRI.HARISH ABRAHAM SMT.P.K.RADHIKA FOR R1 AND R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.A.C.A.NO.842 OF 2007 (F) ----------------------------------- Dated this the 25th day of January, 2008 J U D G M E N T KOSHY,J. Appellant claimant met with an accident by which his both bones of the left leg below knee were fractured. He claimed a compensation of Rs.2,00,000/-. Even though tribunal found that accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company, only an amount of Rs.13,900/- was awarded. Doctor certified that there is only 1% disability. According to him, he was mason and tribunal has fixed only Rs.1,000/- as the monthly income. He was aged 41 and maintaining a family. It is true that no document was produced to show the actual income but even the income of a non-earning person under the 2nd Schedule, which was framed in 1994, Rs.1,250/- can be taken as the monthly income (Rs.15,000/- per annum). Here the accident occurred in 2000. Even a manual worker in Kerala MACA.842/2007 2 will get more than Rs.100/- per day and for 25 to 26 days, he may get work. Therefore, we fix Rs.2,500/- as the monthly income. According to the tribunal, he was unable to do any work for one month. In view of the fracture and considering the injuries mentioned in the wound certificate as well as the disability certificate given, we are of the opinion that he will be unable to do any work for three months. In the above circumstances, for three months loss of income, he is entitled to Rs.7,500/- whereas tribunal has granted Rs.1,000/-. So the additional amount is Rs.6,500/-. For disability, only Rs.1,200/- was awarded. There is only 1% permanent disability assessed by the Medical Board. It was certified that his movement of right leg is restricted and there is difficult for movement of his right knee. Since there is only 1% disability, we are not assessing the compensation in a multiplier method. We are of the opinion that atleast Rs.5,000/- can be awarded for disability, loss of earning capacity, loss of amenities and difficulties caused due to fracture. Tribunal has granted Rs.1,200/- for disability. Hence he is entitled to an additional compensation of Rs.3,800/- under those heads together. MACA.842/2007 3 Tribunal has granted Rs.8,000/- for pain and sufferings. We are of the opinion that it is just and reasonable and no enhancement is required. For medical treatment including hospitalisation, Rs.3,000/- was awarded. After the accident, petitioner was taken to the hospital and taken back and for medical treatment and transportation expenses, we award Rs.1,200/- more. Thus the additional compensation payable is Rs.11,500/- more than that is awarded by the tribunal. The above amount should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit. On deposit of the above amount, appellant is allowed to withdraw the same. With the above observations this appeal is partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp MACA.842/2007 4 J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 1st January, 2008