IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 MFA.No. 143 of 2002() ------------------------------- OPMV.1945/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT: PETITIONER --------------------- VELAYUDHAN S/O.NARAYANN,KOTHAMANGALAM VEEDU,VADAKKETHARA,PUNUSSERY,PALGHAT. BY ADV. SRI.JOSE THETTAYIL RESPONDENTS: RESPONDENTS ------------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR,TRIVANDRUM. 2. JOSEPH S/O.OUSEPH,MATHACHERRY HOUSE, PADINJATTU BHAGOM,ATHIRAMPUZHA,KOTTAYAM. BY ADV. SRI.K.PRABHAKARAN,SC KSRTC(B/O) THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/ 01/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.143 OF 2002 ------------------------------------- Dated 18th January, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained injuries in a motor accident. Against a claim of Rs.1,71,000/=, Tribunal awarded only Rs.30,696/= and held that second respondent driver of the bus owned by first respondent is responsible for the accident. Only quantum of compensation is disputed in this appeal. 2. Ext.A6 is the copy of the discharge certificate issued from the Lisie hospital, Ernakulam. It is noted therein that the claimant who was examined as PW1 had head injury multiple abrasions face and limbs. X-ray skull shows linear fracture left parietal bone. According to PW1, he had sustained the injuries mentioned in Ext.A6 and A7 as a result of the accident. He was a coolie by profession and he was getting Rs.2,500/= as wages. Tribunal has taken only Rs.1,500/= as the monthly income. The accident occurred on 20.1.1995. He was aged 50 and maintaining a family. In the above circumstances, we are of the opinion that at least Rs.1,800/= ought to have been taken as the monthly income. Tribunal has granted only Rs.3,000/= as compensation for actual loss of MFA.143/2002 2 earnings for two months. Considering the head injury he might not have been able to do work for three months. Therefore, compensation for actual loss of earnings for three months should be granted. Thus, appellant is entitled to an additional amount of Rs.2,400/= under that head. Tribunal has awarded Rs.2,000/= for loss of amenities in life. It is his case that he is unable to do any cooli work because of the head injury. But, no disability certificate was produced. Therefore, Tribunal did not award any compensation for disability and loss of earning power. In the absence of medical certificate assessing disability, we are unable to award compensation for disability and loss of earning power in a multiplier method. However, considering the difficulties etc., we award Rs.7,500/= for loss of earning power and disability as he had sustained head injury. He produced medical bills for Rs.10,096/= (Ext.A8 series). That was allowed by the Tribunal. We are of the opinion that in hospital there will be many expenses not covered by the bills. Therefore, we award Rs.1,000/= more under that head. Thus, the appellant will be entitled to an additional amount of Rs.11,000/=. The above amount of Rs.11,000/= shall be deposited by the first respondent K.S.R.T.C. , owner of the offending vehicle, 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 MFA.143/2002 3 amount, appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE K.HEMA JUDGE tks