IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 MACA.No. 678 of 2005() ---------------------- OPMV.209/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VATAKARA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------- JYOTHIKRISHNAN ALIAS BABU, S/O. KUNHIRAMAN, AGED 30 YEARS, RSIDING AT PALERI HOUSE, URALUNGAL AMSOM DESOM, P.O. MADAPPALLY COLLEGE, PIN-673 102, VATAKARA TALUK. BY ADV. SRI.N.L.KRISHNAMOORTHY SRI.K.LAKSHMINARAYANAN SMT.SATHYA SHREEPRIYA SMTJ.N.NISHA RESPONDENT(S): --------------- 1. T. BALAN, S/O. APPU, PUTHEN PURAYIL HOUSE, KOLARAD STREET, AZHIYOOR AMSOM, P.O. CHEMBAL, PIN-673 308, VATAKARA TALUK. 2. KUNNUMMAL SUDHEER, S/O. RAGHAVAN, KUNNUMMAL HOUSE, CHORODE AMSOM DESOM, P.O. CHORODE, PIN-673 106, VATAKARA TALUK. 3. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, P.O.VATAKARA-1, PIN-673 101. 4. P. RAVEENDRAN, S/O. DAMODHARAN, ANATHOLI HOUSE, P.O. KOTTAYAMPOYIL, VIA. PATHYAKUNNU, PIN-670 691, THALASSERY TALUK. 5. AJAYAN, S/O. GOPALAN, REVATHY NIVAS, EAST PALLOOR, PIN-673 333, VIA.MAHE, PONDICHERY STATE. 6. THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE, M.G. ROAD P.O., THALASSERY, PIN-670 101. BY ADV. SRI.N.S.MOHAMMED USMAN FOR R6 BY ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ. ------------------------------- M.A.C.A.No.678 of 2005 ------------------------------- Dated this the 23rd December, 2009 J U D G M E N T Raman, J. The appellant is the injured in the motor accident. He was a passenger in the bus bearing Registration No.KL 11 D 2221, and when he reached near K.T.Bazar, Vadakara-Thalassery National Highway road, another bus bearing Registration No.KEZ:3161 came from the opposite direction collided with the bus in which the appellant was travelling, to which he sustained very serious injuries. His right hand was amputed due to crush injuries sustained by him in the accident. The Tribunal found both the drivers of the bus negligent and hence apportioned the liability equally between them. The appellant claimed a total amount of Rs.5 lakhs as compensation, against which the Tribunal awarded an amount of Rs.3,03,250/- under different heads, with interest at the rate of 6% from the date of petition till M.A.C.A.No.678 of 2005 2 realisation. Claiming enhancement of the compensation, this appeal is preferred. 2. The learned counsel, Sri. N.L.Krishna Moorthy, appearing for the appellant submits that the income as assessed by the Tribunal is too low. According to appellant, he gave evidence as PW.1 and deposed that he was painter by profession and he was earning an amount of Rs.3500/- per month. It is submitted that in the absence of any contra evidence, his evidence should have been accepted and income fixed as Rs.3500/- per month. We are unable to agree with the said submission. Even though he has given evidence in support of the petition, he did not produced any materials to prove his income, other than his oral interested testimony. The accident occurred in 2000. In the absence of any better evidence, the Tribunal fixed his income at Rs.1800/- per month, which cannot be said to be on the lower side. On the available evidence and materials on record, the Tribunal has rightly assessed the income of the appellant. M.A.C.A.No.678 of 2005 3 3. Then, it was contended that the compensation awarded under the heads, 'loss of amenities' and 'pain and sufferings' is on the lower side. The Tribunal has awarded an amount of Rs.15,000/- each under the above heads. He was also awarded an amount of Rs.1,94,400/- towards 'permanent disability', accepting the 50% disability, as assessed by the Doctor, without any reduction and '18' was taken as the multiplier. Besides this compensation, a further amount of Rs.30,000/- was also awarded towards 'loss of earning power', which is not permissible. However, in the absence of any appeal, we do not propose to reduce the amount. In the facts and circumstances, the appellant is not entitled for any further enhancement of the amount. 4. The Tribunal has awarded 6% interest from the date of petition till realisation. This Court has taken the view that the rate of interest should be at 7%. Accordingly, we award interest at the rate of 7% for the entire amount awarded by the Tribunal. No other relief. M.A.C.A.No.678 of 2005 4 The appeal is allowed to the limited extent, as above. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.