IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 MFA.No. 1308 of 2001() ---------------------- OPMV.1017/1990 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT: ----------------- V.V.PRABHAKARAN NAIR, S/O.T.K.VELU PILLAI, VELLATTIL HOUSE, PERUMBAIKADU P.O., PARAMPUZHA, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: --------------------- 1. K.SUBRAHMANIAN, S/O.CHINNA VEERAIAH, KANNEGANTE HOUSE, DEVAPURAM 5TH LINE, GUNTUR, ANDRA PRADESH. 2. D.SAMBASIVA RAO, S/O.SHESHAYYA, SEETHAMMA NAGAR THERUVU, GUNTAR NO.4, GUNTUR, ANDHRA PRADESH. 3. THE NEW INDIA ASSURANCE CO.LTD., GUNTUR, REP. BY ITS MANAGING DIRECTOR, KOTTAYAM. BY ADV. SRI.KKM.SHERIF THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.1308 of 2001 ----------------------------------------- Dated this the 4th day of January, 2008 JUDGMENT Koshy, J. Appellant-petitioner suffered serious injuries in an accident, by which he has suffered permanent disability which was assessed as 25%. the Tribunal awarded Rs.2,46,500/- as compensation with 12% interest from the date of application till the date of deposit with cost. Only quantum of compensation is disputed in the appeal. The main contention raised was that the appellant's actual income was Rs.55,350/- as can be seen from the income computation. But the Tribunal has only taken Rs.3,000/- for calculation of compensation. The petitioner was the Director of Aiswarya Polymers Private Limited. The income tax computation statement filed for the year 1990-91 shows that his salary income from the above firm was Rs.36,000/- per year, apart from commission of Rs.13,000/-. So, if salary per year is Rs.36,000/-, his monthly income is Rs.3,000/-. That was taken into account by the Tribunal while calculating the compensation. The Tribunal also noticed that the industry was continuing, but he has not produced the income-tax computation statement for the subsequent years to show whether his income was reduced or not. Compensation is granted for the damages caused M.F.A.1308 of 2001 2 due to the disability and injury sustained. Though he has stated that because of his injury, factory was closed, he admitted in the cross- examination that the factory is continuing. Taking Rs.3,000/- as monthly income, for 25% disability, the Tribunal awarded Rs.1,35,000/-. Apart from the above, Rs.50,000/- was awarded for loss of amenities and all the medical expenses were reimbursed. The Tribunal has also awarded 12% interest from the date of application till the date of deposit. The application was filed in 1990. The award itself was passed only in 2000 and since deposit was made subsequently, that amount was also substantially high. Considering the total amount awarded, we are of opinion that compensation awarded is just and reasonable. But, we note that as per the disability certificate, there is mandible fracture also apart from other disabilities mentioned in the wound certificate. He will have to incur future treatment. Therefore, the petitioner is entitled to get Rs.5,000/- more for future treatment expenses, which was not granted. But compensation for future expenses can be awarded only from the date of award. The third respondent Insurance Company will deposit the above amount of Rs.5,000/- with interest at the rate of 7.5% from the date of award of the Tribunal (31.7.2000) to the M.F.A.1308 of 2001 3 date of deposit. On deposit of the above amount, the appellant is allowed to withdraw the same. The appeal is allowed, partly. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. M.F.A.1308 of 2001 4 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No.1308 of 2001 ------------------------------ JUDGMENT 4.1.2008