IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 MACA.No. 248 of 2009() ---------------------- OPMV.677/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ------------------------ K.K.DEVASSY, S/O.KAVALAKKAT KUNJIPPALU KARANCHIRA DESOM,P.O,KATTOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR BY ADV. SRI.V.BINOY RAM RESPONDENT(S): RESPONDENTS -------------------------- 1. KRISHNA PRABHU,KALAPURAKOVILAKAM, LOKAMALESWARAM, KODUNGALLUR, THRISSUR DISTRICT. 2. VENUGOPALAN, S/O.KUNNUPARAMBIL GANGADHARAN, EDAMUTTAM DESOM, VALAPPAD VILLAGE, EDAMUTTAM P.O. THRISSUR. 3. UNITED INDIA INSURANCE CO.LTD. P.B.NO.66,ALENGADAN BUILDING, TANA, IRINJALAKUDA, THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & P.R.RAMACHANDRA MENON, JJ. ------------------------------------ M.A.C.A. No.248 of 2009 ------------------------------------- Dated this the 9th day of February, 2009 JUDGMENT R.BASANT, J. Appellant is the claimant. He had claimed compensation for personal injuries suffered in a motor accident. The claim was for an amount of Rs.3.5 lakhs. Tribunal awarded an amount of Rs.2,27,250/- along with interest and cost. The appellant claims to be aggrieved. 2. The appellant is a 72 years old person. He was hospitalised for a period of 78 days. He had suffered permanent partial disability to the tune of 20%. He was an agriculturalist allegedly working in his own property. The Tribunal awarded the entire expenses covered by the bills, ie. Rs.1,59,450/-. For 78 days of hospitalisation @ Rs.100/- per day, Rs.7,800/- was awarded as expenses of bystanders. The appellant was in the hospital in separate spells and a total amount of Rs.3,000/- was awarded as expenditure of transport. He had serious injuries including fractures. The compensation for pain and suffering was fixed at Rs.20,000/-. Permanent disability certified by the M.A.C.A. No.248 of 2009 2 doctor at 20% was accepted in full. Though there was no specific evidence about the wages earned and taking note of the fact that even admittedly he used to only work in his own property, Rs.1,500/- was reckoned as the notional income. 5 was reckoned as the multiplier considering his age - 72 years. The entire amount of compensation accepted by the multiplier- multiplicand method, Rs.18,000/- was awarded as compensation for disability and consequent deprivation of income. For the loss of earnings, the notional income for a period of 12 months was awarded as compensation. The loss of amenities resulting from the physical disability was also taken into account and an amount of Rs.7,000/- was awarded as compensation under that head. It is thus that the total amount was worked out. 3. What is the grievance of the appellant ? The learned counsel for the appellant contends that the actual loss of earnings has not been realistically computed. The appellant was in the hospital in separate spells for a period from 17.03.2004 to 06.12.2005. But loss of earnings has been granted only for a period of 12 months. 4. In the totality of circumstances, we are of the opinion that adequate, fair and reasonable compensation has already M.A.C.A. No.248 of 2009 3 been granted. The grievance that compensation for loss of earnings reckoned for a period of 12 months is not sufficient does not at all appeal to us. The amount awarded under the impugned award does not, in these circumstances, warrant interference. 4. This appeal is accordingly dismissed. (R.BASANT, JUDGE) (P.R.RAMACHANDRA MENON, JUDGE) rtr/-