IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 MACA.No. 527 of 2005() ---------------------------------- OPMV.359/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: ------------------ V.V. BENNY, S/O. VARKEY, VEMBLIYATH, ANGAMALY. BY ADV. SRI.JOSE THETTAYIL RESPONDENTS: RESPONDENTS ----------------------- 1. MRS. MARY THOMAS, AREECKAL HOUSE, BEHIND LITTLE FLOWER HOSPITAL, ANGAMALY-683 572. 2. POULOSE T.T., THOTTUNGAL HOUSE, KALADY ROAD, ANGAMALY-683 572. 3. THE ORIENTAL INSURANCE CO.LTD., CHALAKUDY-680 307. BY ADV. SRI.P.V.JYOTHI PRASAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.A.C.A. No. 527 of 2005 --------------------------------------- Dated this the 6th day of February, 2008 Judgment Koshy,J. Appellant/Claimant sustained serious injuries in a motor accident on 27.9.2004. The tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company. However, against a claim of Rs.1,71,500/-, only Rs.51,720/- was awarded inclusive of reimbursement of medical expenses. Major contention raised by the appellant is that the Medical Board assessed 6% disability, but, tribunal awarded compensation only for 3% disability. There is no reason to differ from the certificate issued by the Medical Board. The appellant was sent to the Medical Board by the tribunal itself and Medical Board by Ext.X1 certificate certified that the appellant has 6% disability. Tribunal has taken Rs.1,500/- as the monthly income as the monthly income was not proved even though it was claimed that he was getting more than Rs.2,500/- per month. By taking 3% disability, the tribunal has awarded Rs.9,720/- towards loss of earning power. Since we have increased the disability to 6%, M.A.C.A.No.527/2005 2 we award another Rs.9,720/- towards loss of earning power. We are of the opinion that the tribunal has awarded just and reasonable compensation under other heads. Hence, we direct the third respondent insurance company to deposit the additional compensation of Rs.9,720/- 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 allowed to withdraw the same. J.B.Koshy Judge K. Hema Judge vaa M.A.C.A.No.527/2005 3 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.A.C.A. No. 527 of 2005 ------------------------------------- Judgment Dated:6th February, 2008