IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 MFA.No. 438 of 2003 ------------------------ OPMV.778/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: PETITIONE ------------------------- NAZAR, S/O.CHECKEN @ AMMED AGED 21 YEARS, RESIDING AT VARIKKOLI HOUSE, P.O.CHERKATOOR, MANANTHAVADY TALUK. BY ADV. SRI.N.J.ANTONY RESPONDENTS: (RESPONDENTS) ------------------------------------- 1. ANWAR SADIQUE, S/O.MOOSA AGED 20 YEARS, RESIDING AT KADANNOLI HOUSE, POST PANAMARAM, MANANTHAVADY. (DRIVER OF MOTOR CYCLE NO.KL-11A/6088, D.L.NO NOT KNOWN). 2. NAZAR, AGE NOT KNOWN, S/O.MOIDU, RESIDING AT ARIYETTI HOUSE, CHERUKATTOR POST, MANANTHAVADY TALUK, WAYANAD DISTRICT. (OWNER OF MOTOR CYCLE NO.KL-11A/6088). (STRUCK OUT) 3. THE UNITED INDIA INSURANCE CO.LTD. KALPETTA (POLICY NO.100306-017-31-10-95-408796) 4. BABY JOSEPH S/O.JOSEPH THIRUTHALIL HOUSE, KUPPAYAKODE POST, KODENCHERRY (OWNER OF MOTOR CYCLE KL-11A/6088). (THE NAME OF THE 2ND RESPONDENT IS STRUCK OUT FROM THE ARRAY OF PARTIES AT THE RISK OF THE APPELLANT - VIDE ORDER DATED 31.03.2008 ON I.A. 771/06) R3 BY ADV. SRI.PMM.NAJEEB KHAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 14/08/2008 , THE COURT ON 14/08/2008 DELIVERED THE FOLLOWING: J.B.KOSHY & K.P. BALACHANDRAN,JJ. --------------------------------------------------------------- M.F.A. No 438 of 2003 --------------------------------------------------------------- Dated this the 14th August 2008 JUDGMENT Koshy,J. Appellant claimant sustained injuries in a motor accident. He claimed compensation of Rs 2 lakhs. Tribunal awarded a total compensation of Rs 49,750/- with 9% interest and costs inclusive of reimbursement of medical expenses. The only dispute is regarding quantum of compensation. Appellant was 21 years old at the time of accident. The accident occurred in 1995. According to him, he was doing business but no data or details of the business were produced or proved. Tribunal fixed Rs 2,500/- as his monthly income. We see no ground to enhance the same. As a result of the accident he had sustained injuries on the right eye. Ext A8 is the permanent disability certificate. Doctor certified that as a result of the accident appellant lost vision of the right eye due to optic nerve injury. Tribunal accepted the same, but did not award any separate compensation for the same MFA 438/2003 2 and a lumpsum amount of Rs 20,000/- was awarded for the disability and consequent loss of earning power. Tribunal also observed that because of the above disability he will not be able to get a job in military or navy and he has to suffer the consequence of the disability throughout his life and he lost vision of one eye at the age of 21. It is submitted that the apex court held that higher multiplier of 18 should be adopted when the age of the motor accident victim is between 21 and 25. As per the second schedule multiplier is 17. Hence we adopt 17 as the multiplier. If compensation is calculated taking second schedule as guidance, the compensation will be 2500 x 12 x 17 x 30/100. Therefore compensation for 30% disability is Rs 1,53,000/-. After deducting the amount of Rs 20,000/- already awarded by the Tribunal the additional amount payable as compensation for permanent disability and loss of earning power will be Rs 1,33,000/-. Even though it was argued that the compensation granted under all other heads is inadequate, considering the total compensation awarded we are not interfering with the compensation granted under other heads. The additional amount awarded should be deposited by the third respondent Insurance Company with 7% interest from the date of petition till date of deposit and on deposit of MFA 438/2003 3 the amount, appellant is allowed to withdraw the same. The appeal is allowed as above. Sd/- J.B. KOSHY Judge Sd/- K.P. BALACHANDRAN Judge 14/08/2008 en [true copy]