IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 MFA.No. 260 of 2003() --------------------- OPMV.1526/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT: PETITIONER --------------------- BALASUBRAMANIAN S/O. PALANISWAMY GOUNDER D/NO. 9/10 VEERAPPA GOUNDANOOR, KINATHUKADAVU, PALARPATHY P.O., POLLACHI TALUK, COIMBATORE. BY ADV. SRI.T.C.MOHANDAS SRI.A.R.GANGADAS RESPONDENTS: RESPONDENTS ------------------------ 1. V.S.BHANARAJ S/O. SUBBAYYA GOUNDER HOUSE NO.12 URAMANDAN PALAYAM, METTUPALAYAM ROAD, G.N.MILLA P.O., COIMBATORE. 2. N.BALASUNDARAM HOSE NO.1/54, VELANDIPALAYAM, KANDASWAMY NAIDU STREET, COIMBATORE-25. 3. THE NEW INDIA ASSURANCE CO.LTD., I FLOOR STATE BANK OF MYSORE, BUILDING 44-47 OPPANAKKARA STREET COIMBATORE. BY ADV. SRI.A.C.DEVY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21.2.2008, THE COURT ON 21/02/2008 DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.260 of 2003 ----------------------------------------- Dated this the 21st day of February, 2008 JUDGMENT Koshy, J. Appellant-petitioner met with a motor accident and sustained fracture of femur. Doctor certified 28% physical disability, but the Tribunal has accepted 25% disability because of the non union of fracture femur, shortening of the leg etc. He was a manual worker. The accident occurred in 1994. The Tribunal has taken Rs.1,800/- as the monthly income. We see no reason to change the multiplicand also. He was aged 42. The Tribunal has taken 15 as the multiplier and compensation for disability and loss of earning power Rs.81,000/- was awarded. We see no ground to change the same. With regard to medical expenditure, even though claim was Rs.1,60,714/-, after considering the bills produced, Rs.1,50,000/- was awarded. We see no ground for interference of the same also. The Tribunal found that due to the second operation conducted and considering that he was a manual worker, he was unable to do any work for ten months. But, the Tribunal after deducting one-third as the personal expenses, only Rs.12,000/- was awarded for loss of MFA.260/03 2 actual earning. During the period of treatment he has to undergo personal expenses, since he was on treatment for ten months and for that period he was unable to do any work, we are of opinion that the Tribunal has awarded entire loss of earning power for the above period, i.e., Rs.18,000/-. Therefore, the petitioner is entitled to additional amount of Rs.6,000/- over and above the amount decreed by the Tribunal. We are of opinion that compensation awarded under other heads and just and reasonable and no enhancement is required. The above additional amount of Rs.6,000/- should be deposited by the third respondent Insurance Company with 7.5% interest from the date of appeal till the date of deposit, over and above the amount decreed by the Tribunal. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is allowed, partly. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.260/03 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No.260 OF 2003 ------------------------------ JUDGMENT 21.2.2008