IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 MACA.No.6 of 2003 (B) --------------------------- OPMV.169/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: ------------------------------ SILIKUMAR, S/O. PAVITHRAN, RESIDING AT EERIMELVEETTIL HOUSE, P.O. KURUVILASSERY, MALA. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.PRINCE.K.ELIAS SRI.R.RAJA RAJA VARMA RESPONDENTS: RESPONDENTS: ------------------------------------ 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. OUSEPH, S/O. OUSEPH, RESIDING AT PAINADATH HOUSE, MURINGOOR P.O., MELUR, CHALAKUDY. ADV. SRI.JOHNSON P JOHN,SC KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A C. A. No.6 of 2003 ------------------------------------------------ Dated this the 17th day of October, 2008 JUDGMENT Koshy, J Appellant/claimant sustained injuries in a motor accident on 20/08/1993. According to the claimant, he was a Motor Mechanic working in a workshop and his monthly income was Rs.1,500/-. The Tribunal fixed only Rs.800/- as the monthly income and calculated compensation. He was 21 years old. The Tribunal has calculated compensation for 5% disability taking 17 as the multiplier. He had a fracture of shaft of left femur. Doctor certified 17% disability, but the Doctor was not examined. We are of the view that 5% disability assessed by the Tribunal is just and reasonable considering the nature of the injuries sustained. However, Rs.800/- fixed as M. A C. A. No.6 of 2003 -2- the monthly income is too low. Accident occurred in 1993. As per the Second Schedule for a non-earning person monthly income fixed is Rs.1,250/- per month and Rs.15,000/- per annum. It is true that the accident occurred one year prior to framing of Second Schedule. But here, he was a technically qualified person. Therefore, we fix Rs.1,250/- as the monthly income. If that be so, compensation payable for 5% disability will be Rs.12,750/- (1250 x 12 x 5/100 x 17). Tribunal has granted only Rs.8,160/- for disability and loss of earnings. Therefore, additional compensation payable will be Rs.4,590/-. It is submitted that even though he has produced medical bills for Rs.7,610/-, the Tribunal has awarded only Rs.5,000/- towards medical expenses. He had internal fixation and it has also to be removed. Open reduction surgery was also done. In the above circumstances, we are of the M. A C. A. No.6 of 2003 -3- opinion that Tribunal ought to have reimbursed the entire medical bills. Therefore, he is entitled to Rs.2,610/- for the actual medical expenses incurred. The additional amount payable will be Rs.7,200/-. As we are of the opinion that the compensation granted on other heads are just and reasonable, we do not want to change the same. The additional amount of Rs.7,200/- should be deposited by the first respondent with 7.5% interest from the date of application till its deposit over and above the amount decreed by the Tribunal. On deposit of the amount, the appellant is entitled to withdraw the same. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-