IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 MFA.No. 167 of 2002() --------------------- OPMV.591/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT: PETITIONER --------------------- BIJU V.V., RESIDING AT CETTICKAPPALLIL HOUSE, LAKSHAM VEEDU, POOVARANY, KOTTAYAM. BY ADV. SRI.V.CHITAMBARESH RESPONDENTS: RESPONDENTS ------------------------ 1. JAYACHANDRAN, S/O. KARUNAKARAN, RESIDING AT VADAVANATHU HOUSE, ULLALA P.O., THALAYAZHAM, VAIKOM. 2. ROTHIMON, S/O. GOPINATHAN, RESIDING AT KUNNAKKAVIL HOUSE, KOTHAVARA P.O., VAIKOM. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, SHAN COMPLEX, BAZAR ROAD, MATTANCHERRY. R1 & R2 BY ADV. SRI.S.RADHAKRISHNAN & SRI.S.RAJMOHAN R3 BY SRI.V.P.K.PANICKER THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2008, HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.F.A.No. 167 of 2002 -------------------------------------------- Dated this the 21st day of January, 2008. JUDGMENT Koshy, J: Appellant-claimant, a student aged 22 years, suffered serious injuries in a motor accident due to the negligent driving of a lorry driven by first respondent. The lorry was owned by 2nd respondent. As a result of the accident, the appellant lost one eye. The medical certificate shows 30% disability. Even though Tribunal accepted the same, for disability and loss of earning power, he was awarded only Rs.60,000/- and total compensation awarded was Rs.1,02,000/- against a claim of Rs.3 lakhs. The injured was 22 years old at the time of accident. He was a Poly Technique Diploma student in Welding. It it is true that he was not an earning member. For a non-earning person, the notional income fixed is Rs.15,000/- (Rs.1250/- per month). Here the accident occurred in 1997. He was a technical student. We fix Rs. 1800/- as the notional monthly income. He was aged 22 years. Going by 2nd schedule, 17 is the apt multiplier, even though the Honourable Supreme Court held that higher [MFA.167/02] 2 multiplier should be adopted in the case of persons aged between 20- 25 years. If that be so, the compensation payable will be Rs.91,800/- (Rs.1880 x17x30). He will bee entitled to Rs.31,800/- more than what was awarded by the Tribunal for disability and loss of earing power. We are of the view that , on other heads, just and reasonable compensation was awarded. The additional compensation of Rs.31,800/- should be deposited by 3rd respondent insurance company with 7.5% interest from the date of application till its deposit over and above the amount decreed by the Tribunal. The Tribunal held that there was no licence for the lorry. Since there was violation of policy conditions, the Insurance Company is allowed to recover the amount from the insured owner of the lorry. Therefore, the additional amount, after deposit, can be recovered by the Insurance Company in execution from the insured. Appeal is partly allowed. Sd/- J.B.KOSHY, JUDGE. Sd/- K. HEMA, JUDGE. Krs. [MFA.167/02] 3 J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.F.A.No. 167 of 2002 -------------------------------------------- Dated this the 21st day of January, 2008. JUDGMENT