IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 MACA.No. 2081 of 2006 -------------------------------------- OPMV.237/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT/PETITIONER: SINEESH, S/O. PURUSHAN, AGED 27 YEARS, NEDUMPARAMBIL HOUSE, KUZHUPPILLY, AYYAMPILLY. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS/RESPONDENTS: 1. AJAYAKUMAR, S/O. KUMARAN, VADUTHALA HOUSE, NANTHIATTUKUNNAM, N.PARAVUR. 2. UNITED INDIA INSURANCE COMPANY LTD., MUNICIPAL BUILDINGS, MAIN ROAD, N. PARAVUR. BY ADV. SRI.MATHEWS JACOB(Sr.) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.2081 of 2006 --------------------------------- JUDGMENT Balachandran, J. A 22 year old youngster, while walking along the Cherai-Parur Road on 13.8.2000, was hit down by an autorickshaw bearing Reg.No.KL-7/L 3598 and thereby he sustained serious injuries. He filed a claim petition before the Motor Accidents Claims Tribunal, North Parur claiming a total compensation of Rupees four lakhs for the injuries sustained to him and consequent loss incurred by him. The Tribunal, considering the evidence in the case, awarded an amount of Rs.1,31,140/- by way of compensation. Being dissatisfied with the said award, the claimant has preferred this appeal seeking enhancement in compensation. 2. The contention that is vehemently advanced before us by the learned counsel for the appellant is that the appellant was a marble worker engaged in laying of marbles and was earning a monthly MACA 2081/06 2 income of Rs.2,500/-, but for the purpose of awarding compensation for permanent disability and for loss of income, the Tribunal has taken only Rs.1,500/- as the notional income and that has resulted in a meagre amount being awarded as compensation and that therefore, enhancement be granted, accepting the monthly income of the appellant at Rs.2,500/-. The claimant has given evidence as PW2 swearing that he is a marble worker and was getting a daily income of Rs.150/-. He will be having work on an average of 16-18 days a month. A notional income of Rs.15,000/- per annum was being fixed as per the schedule to a non earning person and that was in 1994. The accident in the instant case has taken place in the year 2000 and the appellant/claimant was a manual worker engaged in marble work. His income in the year 2000 should have been fixed at least at Rs.2,500/- per month as he is a worker engaged in marble work or at least a manual labourer. Hence, in lieu of compensation of Rs.58,140/- awarded by the Tribunal for permanent disability, the appellant is entitled to MACA 2081/06 3 Rs.96,900/- (2500 x 12 x 19/100 x 17), namely Rs.38,760/- more than that is awarded by the Tribunal. Similarly, fixing the income of the claimant at Rs.1,500/- per month, the Tribunal has awarded an amount of Rs.9,000/- towards loss of income for six months. As we have fixed the monthly earnings of the appellant at Rs.2,500/-, the appellant would be entitled to Rs.6,000/- more under the head “loss of income”. Thus, the appellant would be entitled to an additional compensation of Rs.44,760/- with 7.5 % interest per annum from the date of application till its deposit. The above amount shall be deposited by the second respondent Insurance Company within one month from today. On deposit, the appellant shall be entitled to withdraw the same. The appeal is allowed in part. (J.B.Koshy, Judge) 18th September, 2008 (K.P.Balachandran, Judge) tkv