IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 MFA.No. 310 of 2003() --------------------- OPMV.3/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT: PETITIONER --------------------- SURESH KUMAR, AGED 37 YEARS, S/O. SUKUMARAN NAIR, THAIYIL HOUSE, CHITHRAPURAM P.O., PALLIVASAL VILLAGE, IDUKKI, KERALA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.P.J.JOSEPH SRI.GEORGE MATHEW SRI.T.RAJEEV RESPONDENTS: RESPONDENTS ------------------------ 1. V.CHINNA DURAI S/O. VELU PILLAI, DRIVER, M/S. RANI MANGAMMAL TRANSPORT CORPORATION MUTHAYYA PILLAI COLONY, SAMBATIPURAM, MADURAI-10 2. M/S. RANI, MANGAMMAL TRANSPORT CORPORATION, 141, R.S.ROAD, DINDIGAL. BY ADV. SRI.P.CHANDY JOSEPH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M. F.A.No. 310 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2008 JUDGMENT Koshy, J. Appellant, a heavy vehicle driver, sustained injuries in an accident. Against a claim of Rs.3,00,000/-, Tribunal awarded Rs.65,425/- and directed the 2nd respondent to deposit the compensation. Only the quantum of compensation is disputed in this appeal. 2. The discharge summary would show the following injuries:- 1. Fracture of both bones left leg junction of mid and lower 3rd. 2. Fracture of radial head left elbow 3. Fracture of 7th rib left 4. Zone IV extensor tendon injury. Extensor indices and E.D. slip to index finger right hand. The Tribunal fixed only Rs.1,750/- as the monthly income of the appellant. The appellant was a heavy vehicle driver. According to him, he was getting salary of Rs.5,000/- At the time of the accident, he was driving a mini lorry. The accident occurred in 1995. A lorry driver gets minimum of Rs.100/- per day. If calculating 25 days' work, at least he will be entitled to Rs.2,500/- MFA 310/03 -2- per month. Therefore, the Tribunal ought to have awarded Rs.7,500/- for loss of actual earnings for three months. The Tribunal awarded Rs.5,250/-. If that be so, he is entitled to Rs.2,250/- more on that count. Since no disability certificate is produced, no compensation was awarded for disability or loss of earning power. We are of the view that having fracture of both legs as well as fracture of 7th rib left and radial head left elbow will affect his work as a heavy vehicle driver. For disability and loss of amenities and inconvenience in life, Rs.7,500/- is granted. Tribunal rejected the bill for ambulance expenses. Rs.250/- will be granted towards medical expenses. 2. Thus, over and above the amount awarded, the appellant will be entitled to Rs.10,000/-. The above amount should be deposited by the 2nd respondent with 7.5% interest per annum from the date of the petition till its deposit. On deposit the appellant is allowed to withdraw the same. Accordingly, the appeal is partly allowed. J.B. Koshy, Judge K. Hema, Judge mn. MFA 310/03 -3- J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M. F.A.No. 310 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 3 rd day of April, 2008