IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 MACA.No. 1525 of 2005() ----------------------- OPMV.359/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- MANOJ KUMAR, AGED 38 YEARS, S/O. NARAYANAN UNNITHAN, MANI MANDIRAN, KADAMKULAM MURI, E.T.C.P.O., KOTTARAKKARA VILLAGE. BY ADV. SRI.P.K.RAVI KRISHNAN RESPONDENT(S): /RESPONDENTS: --------------- 1. RAJU BABY, S/O. BABY, KANNAMKOTTUVILA PUTHEN VEEDU, KIZHAKKATHERUVU P.O., KOTTARAKKARA. 2. VARGHESE PANICKER, MUKALUVILA VEEDU, KIZHAKKEKARA, KOTTARAKKARA. 3. THE ORIENTAL INSURANCE CO.LTD., KOTTARAKKARA BRANCH. ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.1525 of 2005 -------------------------------------- Dated this the 11th day of November, 2008. JUDGMENT Koshy, J. The appellant/claimant sustained injuries in a motor vehicle accident on 29.3.2000. Tribunal found that the accident occurred due to the rashness and negligence of the second respondent driver of the car owned by the first respondent and insured by the third respondent. However, against the claim of Rs.2 lakhs only an amount of Rs.76,963/- was awarded as compensation. The only dispute is regarding the quantum of compensation. Even though in Ext.A6, disability certificate the disability assessed is 25%, the Tribunal after seeing the claimant and scrutinising the treatment records fixed it as 20% for valid reasons. We find no ground to change the same. Claimant was aged 25 at the time of accident. Tribunal has taken 17 as the multiplier as per II schedule. No change is required in that. Tribunal fixed monthly income as Rs.1,500/-. Appellant claimed that he was getting an income of Rs.6,000/- per month. But no evidence is produced to prove that he was getting Rs.200/- per day. Being an autorickshaw driver, we are of the opinion that he can earn atleast Rs.150/- per day for a minimum of 20 days in a month. Therefore, his monthly income will be not less than to Rs.3,000/- and the compensation for disability and loss of earning power comes to Rs.1,22,400/- [(Rs.3,000 x 12 x 20 x 17)/100]. Tribunal MACA No.1525/2005 2 has awarded Rs.61,200/- for disability. The additional compensation to which the petitioner is entitled to get towards that count comes to Rs.61,200/-. It is contended that compensation granted on other heads including by-standers expenses is very low. It is stated that 52 days he was in the hospital. There was compound fracture of right leg below knee. Three operations were conducted. Plaster was also put. For three months he was unable to earn anything. Therefore, he is entitled to get Rs.9,000/- for actual loss of earnings. Tribunal has awarded only Rs.1,500/- on that count. So the additional compensation to which the petitioner is entitled to get on that count comes to Rs.7,500/-. Thus, the additional amount which the petitioner is entitled to get comes to Rs.68,700/-(Rupees Sixtyeight thousand only). It should be deposited by the third respondent Insurance Company with interest at the rate of 7.5% per annum from the date of application till the date of deposit, over and above the compensation awarded by the Tribunal. On deposit of additional compensation, the appellant is allowed to withdraw the same. The appeal is partly allowed as above. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks