IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 MFA.No. 679 of 2000(B) ------------------------------- OPMV.632/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/CLAIMANT: --------------------------------- AMMINI UMMACHAN, AGED 40 YEARS, W/O.LATE UMMACHAN, KANNADAMTHARA HOUSE, PATTANAKKAD.P.O. BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. *2. K.G.UNNIKRISHNAN NAIR, S/O.GOPALA PILLAI, KAVINKIZHAKKETHIL HOUSE, PANCHAYATH, WARD NO.IX, PALLIPADU PANCHAYATH, ALAPPUZHA DISTRICT. ( * DELETED) *THE SECOND RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 25/06/2008 IN I.A. NO.1339/2008. BY ADV SRI.JOHN P.JOHN, SC KSRTC THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.F.A.NO. 679 OF 2000 = = = = = = = = = = = = = = = Dated this the 25th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in OP(MV)632/95. The claimant sustained injuries in a road accident and the Tribunal found that the accident took place on account of the negligence of the KSRTC driver and awarded a compensation of Rs.38,000/-. It is against that award the present appeal is preferred for enhancement. 2. Heard the learned counsel. It is strongly contended before me that the Tribunal has erred in not calculating the compensation in accordance with the documents available. It is seen that the claimant had sustained fracture of both bones of the leg. She was initially admitted in the Medical College Hospital for a day and thereafter in the KVM hospital for five days and again in the month of October for another three days. There was POP cast on her. Ext.A8 disability certificate MFA 679 of 2000 -2- is produced to show that she is having 5% disability on account of the permanent impairment of the function on her lower limb. Learned counsel has relied upon the certificate issued by the Village Officer which did show that she was having an annual income of Rs.48,000/-. According to the learned counsel, her husband was conducting meat business and after his death she continued the same and she is getting income to maintain the family. The Tribunal unfortunately did not calculate the compensation on the basis of the principles and therefore one or two heads require recalculation. It is certain that though he was injured and unable to attend, there would have been somebody to assist her in running the business and so there would not have been total loss of income and therefore I feel that the income can be fixed safely at Rs.2,500/- for the purpose of calculation and I grant loss of earnings for a period of four months for the reason that she was in POP cast from 27.8.94 to 5.1.95, that means she is entitled to an actual loss of earnings of Rs.10,000/-. When the income is taken at Rs.2,500/- per mensum and 5% is the MFA 679 of 2000 -3- disability, the loss of earning power would come to Rs.1,500/-. When multiplier of 16 is used it would come to Rs.24,000/-. So the total amount under these heads will come to Rs.34,000/-. The Tribunal has awarded Rs.10,000/- for loss of earnings and Rs.10,000/- for permanent disability. When it is deducted, she will be entitled to a sum of Rs.14,000/- as additional compensation. On all other heads the compensation granted is retained. In the result the MFA is partly allowed and the claimant is awarded an additional compensation of Rs.14,000/- with 7% interest on the said sum from the date of petition till realisation and the KSRTC is directed to deposit the same within a period of 90 days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/- MFA 679 of 2000 -4- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 679 OF 2000 = = = = = = = = = = = J U D G M E N T 25th June, 2008.