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. 446 of 2001 - -------------------------- AGAINST OPMV.1388/1994 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/RESPONDENT: --------------------------------------- MAHEEN, S/O.MEERA SAHIB, T.C.4/825, MARIYAM MANZIL, NEAR SALVATION ARMY SCHOOL, KURAVANKONAM WARD, KOWDIAR, TRIVANDRUM. BY ADV. SRI.R.S.KALKURA RESPONDENT/APPLICANT: -------------------------------------- BALU, S/O.SADASIVAN PILLAI, AGED 40 OM VILAS, PUTHUKULANGARA (PO) VIRATHOOR, OOZHAMALACKEL, NEDUMANGADU. BY ADV. SRI.NAIR AJAY KRISHNAN SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRIRAJAN VELLOTH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04.01.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.3855/2001 IN MFA NO.446/2001-A DISMISSED SD/- J.B.KOSHY, JUDGE 04.01.2008 SD/- K.HEMA, JUDGE J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.446 of 2001 ----------------------------------------- Dated this the 4th day of January, 2008 JUDGMENT Koshy, J. The respondent in this appeal suffered serious injuries in an accident caused due to the negligence of the driver of the vehicle, owned by the appellant. The Tribunal has granted compensation of Rs.51,790/- with 12% interest for the injuries suffered by the respondent and directed the appellant to deposit the amount. During the time of accident, there was no insurance coverage on the vehicle. As a result of the accident, according to the disability certificate produced, the claimant had 4% disability. The main injury caused to him is the fracture to the right knee. According to the applicant, he was a freelance photographer, earning Rs.4,000/- per month. The Tribunal took Rs.3,000/- as the monthly income. We are of opinion Rs.3,000/-, fixed as the monthly income for a freelance photographer, who was maintaining a family, cannot be called to be excessive, in the absence of much data. Therefore, we are not changing the monthly income fixed by the Tribunal. The respondent had completed 40 years of age at the time of accident. Taking second schedule as the guidance, 15 is the multiplier. The Tribunal has taken 16 as the multiplier. So, fixation has to be calculated MFA.446/01 2 taking 15 as the multiplier. Therefore, for 4% disability, compensation payable will be: 3000 x 12 x 4 x 15 = Rs.21,600/-. 100 The Tribunal has granted Rs.23,040/-. The doctor certified 100% disability during the period when he was in the plaster cast. He was unable to do any work atleast for three months due to the fracture and consequent pain. Therefore, for loss of actual earning, compensation payable is only Rs.9,000/- (3000 x 3). The Tribunal has granted Rs.12,000/-. We are of opinion that compensation granted under other heads are just and reasonable. Therefore, the total compensation payable will be Rs.47,350/-, instead of Rs.51,790/-. The Tribunal has granted 12% interest. The award was passed in the year 2000. Considering the rate of interest applicable at that time, the interest payable is 9% per annum. Therefore, the appellant is liable to pay Rs.47,350/- with 9% interest from the date of application to the date of deposit along with cost of Rs.250/- as awarded by the Tribunal, after adjusting the amount already paid. The appeal is allowed, partly. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.446/01 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ ------------------------------ JUDGMENT .1.2008