IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 MACA.No.407 of 2003 (D) ------------------------------ OPMV.827/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/APPLICANT ------------------------------ SMITHA, SMITHA BHAVAN, AYANIMOODU, VEDIVACHANCOIL P.O., NEYYATTINKARA. BY ADV. SRI.R.T.PRADEEP RESPONDENTS: RESPONDENTS ------------------------------------ 1. THE MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM. 2. SURENDRAN, PANAVILAKOM POTTAYIL VEEDU, POOVAR P.O., THIRUPURAM, NEYYATTINKARA. ADV. SRI.JOHNSON P JOHN,SC KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.407 of 2003 --------------------------------- JUDGMENT Balachandran, J. The appellant, while travelling as a passenger in the KSRTC bus bearing Reg.No.KL-15/1329, sustained injuries when the second respondent, who was the driver of the bus, applied sudden brake in a negligent manner and she was thrown down from the seat. For the injuries sustained she claimed a total compensation of Rupees Three lakhs, against which, the Tribunal has awarded only an amount of Rs.61,900/- realisable from respondents 1 and 2. In this appeal filed by the claimant what is claimed is enhancement in compensation awarded by the Tribunal and hence we are considering that aspect only in this appeal. 2. Exhibit A3 OP ticket issued from the Medical College Hospital shows that the appellant sustained lumbo sacral spine, chip fracture T12 and tenderness over the spine. She was 18 years of age at the time of the accident, as evidenced by Exhibit A3. She was a student studying for the degree course and was also MACA 407/03 2 earning income by taking tuition. Dr.Sujatha David, Lecturer in Orthopaedics, Medical College Hospital, who issued Exhibit A4 certificate, has certified that the appellant has got 40% permanent disability. The Tribunal has accepted only 10% as the permanent disability that has affected the earning power of the appellant and applying the apt multiplier of 16 has awarded a compensation of Rs.38,400/- towards permanent disability and loss of earning power. 2. It is contended before us by the learned counsel for the appellant that the monthly income of the appellant should have been taken at a higher rate. The appellant herself claimed that she was having a monthly income of Rs.2,000/- and that was accepted by the Tribunal. Hence, the monthly income accepted by the Tribunal does not require any change. Multiplier 16 adopted by the Tribunal is also the apt one considering the age of the appellant. However, considering the fact that the appellant, who was aged 18 and a student, sustained lumbo sacral spine and chip fracture T12 and that the disability certified by an Orthopaedic Lecturer is 40%, we are of the view that at least 20% MACA 407/03 3 should have been accepted as the whole body disability, as the appellant has to suffer the disability and inconvenience for the rest of her life. Thus, taking 20% as the whole body permanent disability, the total compensation to which the appellant would be entitled is Rs.76,800/- (2000 x 12 x 20/100 x 16). As against this, what has been awarded by the Tribunal is only Rs.38,400/-. Hence, the appellant would be entitled to an additional amount of Rs.38,400/-. Though it is urged that amounts awarded under various other heads are also meagre, we are of the view that the amounts awarded are just and reasonable. The first respondent KSRTC shall deposit the above amount of Rs.38,400/- within two months from today with 7% interest from the date of application till its deposit. On deposit of the amount, the appellant is allowed to withdraw the same. (J.B.Koshy, Judge) 21st October, 2008 (K.P.Balachandran, Judge) tkv