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 6TH AUGUST 2008 / 15TH SRAVANA 1930 MACA.No. 113 of 2004() ---------------------- OPMV.47/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT/CLAIMANT: ----------------------------------- MOHAMMED KUNHI,S/O ABDUL KHADER, AYSHA MANZIL (NOW RESIDING NEAR ESSA ENGLISH SCHOOL,PERWAD,P.O KUMBALA,KASARAGOD DISTRICT) F.S.COTTAGE,BADRIYA NAGAR,KUMBALA P.O., KOIPADY VILLAGE, KASARAGOD. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. K.SHYAM SUNDER,S/O RAMAPPA, NEAR KANNUVA THEERTHA,BHAJANA MANDIR,KUNJATHUR P.O KASARAGOD TALUK & DISTRICT. * 2. P.GANGADHARAN,S/O P.KUNHIRAMAN, NEAR FISH MARKET,HOSDURG,KANHANGAD,KASARAGOD DISTRICT. ( D I E D) – LRS IMPLEADED: 3. THE UNITED INDIA INSURANCE CO.LIMITED, REPRESENTED BY THE BRANCH MANGER,KANHANGAD, P.O. KANHANGAD,KASARAGOD DISTRICT. Kss ..2/- ...2...... MACA.NO.113/2004 *ADDL.RESPONDENTS: R4. AMUDHA LAXSHMI, W/O.LATE P.GANGADHARAN, KOVVAL HOUSE, KANHANGAD SOUTH, HOSDURG, KASARAGOD DISTRICT. R5. AVINASH, S/O.LATE P.GANGADHARAN, R/AT....DO..DO.... R6. ABHILASH, AGED 10 YEARS (MINOR), S/O....DO...., R/AT ...DO.... REP. BY MOTHER, WHO IS THE 4TH ADDITIONAL RESPONDENT. *LEGAL REPRESENTATIVES OF THE DECEASED 2ND RESPONDENT ARE IMPLEADED AS ADDL.R4 TO R6 VIDE ORDER DTD. 26/02/08 ON I.A.NO.408/08. ADV. SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.113 OF 2004 (D) ----------------------------------- Dated this the 6th day of August, 2008 J U D G M E N T KOSHY,J. Appellant/claimant sustained very serious injuries in a motor accident on 2.11.1998. He was aged 42 at the time of accident. He claimed a compensation of Rs.3.5 lakhs. Tribunal awarded only Rs.85,285/- as compensation and directed the 3rd respondent Insurance company to pay the same. Only dispute is regarding the quantum of compensation. 2. For assessing the disability, claimant was referred to the Medical Board. Medical Board assessed 10% disability. That was accepted by the tribunal and compensation was calculated for 10% disability. According to the claimants, he was getting Rs.3,000/- per month. He was a foot wear merchant. Tribunal has taken only Rs.1,500/- as the monthly MACA.113/2004 2 income. He was maintaining a family and accident occurred at the age of 42. We are of the view that atleast Rs.100/- can be taken as the daily income and for 25 days work, he will get Rs.2,500/- as the monthly income. He was aged 42 and taking guidelines from the 2nd Schedule, 15 was taken as the multiplier. If that be so, compensation payable for 10% disability will be Rs.2,500 x 12 x 10/100 x 15 = Rs.45,000/-. Tribunal has granted only Rs.23,400/- towards permanent disability. Therefore, additional amount payable for permanent disability and loss of earning power will be Rs.21,600/-. Tribunal found that he was under treatment for four months and tribunal has awarded Rs.6,000/- towards loss of earnings for four months. Since we have increased the monthly income to Rs.2,500/-, he is entitled to Rs.4,000/- more under that ground. We are of the opinion that just and reasonable compensation was granted under other heads. The above additional amount of Rs.25,600/- should be deposited by the 3rd respondent insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the above amount, appellant is allowed to withdraw the same. Appeal is MACA.113/2004 3 accordingly partly allowed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008