IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 MACA.No. 916 of 2005() ---------------------- OPMV.151/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT/PETITIONER: ---------------------------------- KUNHIPURAYIL PRAKASAN, AGED 35 YEARS, S/OP.KUNHIRAMAN, KANIYERI, VELLUR P.O., VIA-PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.SREEJITH S.NAIR RESPONDENT(S): RESPONDENT: ------------------------------------ 1. A.RAVINDRAN, AGED 25 YEARAS, S/O.KOTHIRI NARAYANAN, ALLIYAL VEEDU, MALAP, KOZHUMMAL, (VIA) KARIVELLUR, KANNUR DISTRICT. 2. K.KUNHAYISU, W/O.YOUSEF, KOLAYATH HOUSE, PALATHERA VELLUR P.O., KANNUR DISTRICT. 3. THE NEW INDIA ASSURANCE CO LTD., SOUTH BAZAR, PAYYANUR, P.O.PAYYANNUR, KANNUR DISTRICT. ADV. SRI.M.V.AMARESAN FOR R1 & R2 SRI.V.N.RAMESAN NAMBISAN FOR R1 SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. --------------------------------- M.A.C.A. No. 916 of 2005 -------------------------------------- Dated this the 23rd day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. 1. The claimant in O.P(MV).151/01 on the files of Motor Accidents Claims Tribunal, Kasargod is the appellant herein. He sustained injuries while travelling in a Mini Lorry which hit against a motor cycle and capsized. The appellant sustained fracture and dislocation of L1 vertebral body which had resulted in total paralysis of both his lower limbs, below the hip. Ext.A6 is the disability certificate issued by the District Medical Board, which assessed the percentage of persistent disability at 50%. The appellant claimed that he was a head load worker and was earning a monthly income of Rs.4,000/-. The appellant was at the age of 36 years at the time of accident. The claim petition eventhough filed under Section 166 of the Motor Vehicles Act was subsequently converted into a claim under Section 163A. Therefore the Tribunal had calculated compensation based on the provisions contained in Section 163A read with Schedule II of the Motor Vehicles Act. 2. The appellant contended that inspite of production of MACA. 916/05-D 2 medical bills to the tune of Rs.62,582.38/- the Tribunal had allowed a sum of Rs.15,000/- only, under the head of expenses for treatment. It is further contended that the Tribunal had adopted only a notional income of Rs.1500/- per month inspite of the claim of Rs.4000/- as monthly income. It is also contended that no amount was granted for loss of amenities and enjoyment of life, compensation for pain and suffering, etc. 3. Since the claim is under Section 163A, the Tribunal is bound to limit the quantum under the various clauses in Schedule II of the Act. As per clause 4(ii) of Schedule II, the maximum amount which can be awarded towards medical expenses is Rs.15,000/-. Therefore there is no error in awarding Rs.15,000/- towards medical expenses. With respect to compensation for pain & suffering, clause 4(i) of the Schedule provides payment of an amount of Rs.5,000/- in case of grievous injuries. Therefore the non-allowance of claim under the head of pain & suffering need be reversed. Eventhough the Tribunal had accepted in evidence that the appellant was a head load worker, the Tribunal adopted notional income at Rs.1500/- per month, for the reason that no documentary evidence to prove the income was produced. Considering the fact that the accident occurred during the year 2000 we are inclined to re-fix the notional MACA. 916/05-D 3 income at Rs.2000/- per month. Computed on the above basis the compensation awarded under the head of permanent disability and loss of earning power need be re-fixed at Rs.1,92,000/- which will entitle the appellant for an additional sum of Rs.48,000/-. When the compensation for pain and suffering is added on, the total compensation will get enhanced by a sum of Rs.53,000/- (Rs.48,000/- + Rs.5000/-). 4. In the result, the appeal is partly allowed enhancing the total compensation of Rs.1,68,000/- awarded by the Tribunal by a further sum of Rs.53,000/- which will carry interest @ 9% per annum from the date of claim petition till payment. The 3rd respondent- Insurance Company is directed to make the payment of the amount within a period of 3 (three) months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb