IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 MFA.No. 1320 of 2002() -------------------------------- OPMV.812/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: PETITIONER: ------------------------------------- MOHANAN, S/O. RAMAN, KATTUKANDATHIL HOUSE, CHERUVALOOR DESOM, KALLUR-VADAKKUMURI VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. M.A.PADMANABHAN, S/O. AYYAPPAN, MUNDAKATHPARAMBIL HOUSE, EAST KORATTY P.O., THRISSUR DIST. 2. ANILUMAR, S/O. RAGHAVAN, KALATHALPARAMBIL HOUSE, CHERUVALOOR P.O., MUKUNDAPURAM TALUK. 3. THE ORIENTAL INSURANCE COMPANY, M.G.ROAD, THRISSUR. ADV. SRI.MATHEWS JACOB (SR.) FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A. No. 1320 of 2002 --------------------------------------- Dated this the 24th day of July, 2008 Judgment Koshy,J. Appellant/Petitioner sustained injuries in a motor accident on 20.7.1996. Against a claim of Rupees Two lakhs, only Rs.50,000/- was awarded and tribunal directed the third respondent insurance company which insured the offending vehicle to deposit the compensation. The only dispute in this appeal is regarding the quantum of compensation. Disability certificate produced shows that he cannot jump, climb and bend his knees and there are chances for developing osteoarthritis. Anterior cruciate ligament and posterior cruciate ligament around knee were ruptured. Even though disability assessed was 19%, the doctor who treated him gave evidence that so much disability will not be there. The tribunal assessed 5% disability. We see no ground to disagree with the above assessment of disability. Appellant was an electrician by profession. He was maintaining a family. Ext.A3 is the ITI certificate and Ext.A4 is the National Trade Apprenticeship to show that he was a qualified electrician. Tribunal fixed only Rs.1,500/- as the monthly M.F.A.No. 1320/2002 2 income. Since he is a qualified electrician, we fix monthly income at Rs.2,500/-. If that be so, compensation payable will be Rs.2,500 x 12 x 15 x 5 = Rs.22,500/-. Tribunal has granted Rs.13,500/- only. 100 Hence, claimant will be entitled Rs.9,000/- more than that is awarded by the tribunal. The tribunal has granted six months' loss of earnings. Since we have enhanced the monthly income to Rs.2,500/-, he is entitled to Rs.6,000/- more as actual loss of learnings. So, additional compensation payable will be Rs.15,000/-. The above additional compensation of Rs.15,000/- should be deposited deposited by the third respondent insurance company with 7.5% interest from the date of application till the date of deposit over and above the amount decreed by the tribunal. On deposit of the amount, appellant is allowed to withdraw the same. J.B.Koshy Judge P.N.Ravindran Judge vaa M.F.A.No. 1320/2002 3 M.F.A.No. 1320/2002 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.F.A. No. 1320 of 2002 ------------------------------------- Judgment Dated:24th July, 2008