IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 MFA.No. 1280 of 2000 OPMV.1519/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM APPELLANT: PETITIONER: BABU K.M., AGED 26 YEARS, S/O.SREEDHARA PANICKER, 'BABU NIVAS', ALANALLUR – 678 601, PALAKKAD DISTRICT. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAIKUMAR RESPONDENTS: RESPONDENTS: 1. P.BALASUBRAMANIAN, S/O.VELAYUDHAN, AMBANIKUZHY VEEDU, PERUMBADALI, MANNARKKAD. 2. P.IBRAHIM HAJI, S/O.KUNJALAVI HAJI, PACHEERI VEEDU, CHANGALEERI, MANNARKKAD. 3. UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, HOSPITAL ROAD, MANNARKKAD. R3 BY ADV. SRI.PMM.NAJEEB KHAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.T.SANKARAN, JJ. ---------------------------------------------------- M.F.A. NO. 1280 OF 2000 B ---------------------------------------------------- Dated this the 19th March, 2008 JUDGMENT J.B.KOSHY, J. On 22.11.1993, the appellant/claimant while riding his motor bike met with an accident and sustained serious injuries. He claimed a compensation of Rs.1,75,000/-. The Tribunal assessed an amount of Rs.28,137/- as compensation for injuries sustained. Finding that there is 50% contributory negligence on the part of the appellant, the Tribunal had granted only Rs.14,069/- with interest and proportionate cost. The third respondent insurance company, who insured the autorickshaw in question, was directed to deposit the above amount with 9% interest. The finding of contributory negligence and the quantum of compensation are disputed herein. 2. According to the appellant, since the autorickshaw turned right without signal, the accident occurred and negligence being on the part of the driver of the autorickshaw. But, scene mahazar as well as the records would show that the motor bike driven by the appellant hit the autorickshaw behind back and if appellant was cautious in driving the vehicle the accident would not have happened and that both the drivers were negligent. In the above circumstances, we see no ground to interfere with the finding of negligence at the instance of the appellant. 3. With regard to the quantum of compensation, due to the accident the appellant was hospitalized for fifteen days. Ext.A4 is the wound certificate. M.F.A. NO.1280 OF 2000 :: 2 :: Ext.A6 is the discharge certificate, which shows that there was fracture of pedicle of C2 vertebra. The doctor certified 15% permanent partial disability. The doctor was examined as PW2 to prove Ext.A6 discharge certificate. The Tribunal has awarded only Rs.7,500/- as compensation for disability. We are of the opinion that Tribunal ought to have accepted the disability assessed by the doctor and granted compensation. It is true that the appellant was a computer student. He was not an earning member. Though the injuries would affect his studies as well as future employment, only notional income can be taken into account. Hence Rs,15,000/- is taken as the annual notional income of the appellant. Since he was aged 21 at the time of accident, 17 can be taken as the multiplier. Therefore, the compensation payable for 15% permanent disability and loss of earning power will be Rs.38,250/-. The Tribunal has awarded only Rs.7,500/-. So, the additional compensation payable will be Rs.30,750/-. It is argued that though he was an inpatient for fifteen days and there was vertebral fracture, he was only granted Rs,5,000/- for pain and suffering. But considering the fact that another Rs.5,000/- was awarded as injury compensation, we are of the opinion that no further amount is payable for pain and suffering. It is contended that for six months he was under treatment. But, we are of the opinion that sufficient amount was awarded for loss of amenities etc. for those periods. Thus, the additional compensation granted will be Rs.30,750/-. After deducting 50% towards contributory negligence, the appellant will be entitled to get Rs.15,375/- as additional compensation. The third respondent insurance company is directed to deposit the above amount of Rs.15,375/- with 7.5% interest from the date of M.F.A. NO.1280 OF 2000 :: 3 :: application till deposit, over and above the amount decreed by the Tribunal. On deposit of the amount, the appellant will be entitled to withdraw the same. The Miscellaneous First Appeal is allowed partly. (J.B.KOSHY) Judge (K.T.SANKARAN) Judge ahz/ J.B.KOSHY & K.T.SANKARAN, JJ. -------------------------------------------- ------------------------------------------- M.F.A.NO. 1280 OF 2000 B JUDGMENT 19th March, 2008 -------------------------------------------