IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 MACA.No.150 of 2003 (D) ------------------------------ OPMV.1423/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/CLAIMANT --------------------------- KRISHNANKUTTY, S/O. PAZHANIYANDI, RESIDING AT MUKUNDA NIVAS, VANDAZHI AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.LIJU. M.P RESPONDENTS: RESPONDENTS ------------------------------------- 1. R.SUNDARARAJ, S/O. RAMAYYAN, SUNDARA NIVAS, VALLANGI, NENMARA, CHITTUR TALUK, (DRIVER OF JEEP NO. KLL 5499) 2. M.K.SATHEESH KUMAR, S/O. SYAMALAN, RESIDING AT KOMALAMANDIRAM, MELARKODE, ALATHUR TALUK. (OWNER OF JEEP KLL 5499) 3. ORIENTAL INSURANCE COMPANY LIMITED, PALAKKAD. (INSURER OF JEEP KLL 5499) ADV. SRI.K.P.BALAGOPAL FOR R2 SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A No.150 of 2003 ------------------------------------------------ Dated this the 15th day of October, 2008 JUDGMENT Balachandran, J Appellant sustained injuries in a road traffic accident when the jeep wherein he was travelling bearing registration No.KLL 5499 capsized. He claimed a compensation of Rs.2 lakhs for the injuries sustained to him in the accident. The Tribunal awarded a total compensation of Rs.52,500/- with 9% interest per annum and cost of Rs.500/- holding the third respondent/Insurance Company liable to pay the amount. The injured has come up in appeal claiming enhancement in compensation. The question of sufficiency of compensation awarded to the appellant alone arises for consideration in this appeal. 2. The appellant alleged that he is a Homeo Doctor self employed and he was earning M. A. C. A No.150 of 2003 -2- a monthly income of Rs.2,500/-. He was aged 55 years. The Tribunal has taken only Rs.1,500/- as notional income and for 15% disability adopting the appropriate multiplier 8, found that the compensation for the disability and loss of earning power is Rs.21,600/- and awarded Rs.22,000/- by way of damages on that score rounding off the amount. 3. It is vehemently contended before us by the learned counsel for the appellant that the profession of the appellant as a Homeo Doctor is not assailed and that even in the absence of sufficient evidence to prove the exact income, the Tribunal should have accepted monthly income of Rs.2,500/- claimed by the appellant he being a Homeo Doctor having much experience and of 55 years of age and that even a non-earning person under the Second Schedule to the Motor Vehicles Act is to be presumed to earn Rs.1,250/- per month for the purpose of awarding compensation. The M. A. C. A No.150 of 2003 -3- argument is not without force. We are of the view that a practicing Homeo Doctor aged 55 years and having much experience in the profession in 1993 when the accident took place must have been earning at least Rs.2,000/- per month and that his notional income should have been fixed at Rs.2,000/-. When so calculated the disability compensation works out to Rs.28,800/-. The Tribunal awarded only Rs.22,000/-. The appellant will be entitled to get the balance Rs.6,800/- as well. Towards loss of earning for six months, the Tribunal has awarded Rs.9,000/- taking monthly income at Rs.1,500/- per month. As we have increased the notional income to Rs.2,000/- the appellant would be entitled to an additional amount of Rs.3,000/- on that count. Thus, the total compensation to which the appellant would be entitled is Rs.9,800/-. The above amount of Rs.9,800/- with interest at 7% per annum shall be deposited by the M. A. C. A No.150 of 2003 -4- third respondent/Insurance Company within two months from today. On deposit, the appellant is allowed to withdraw the same. 4. The appeal is thus, allowed in part. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-