IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 MACA.No. 339 of 2003() -------------------------------- OPMV.979/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER ------------------------------------- HARIS NAINA S/O NAINA, KOONAMMAKKAL HOUSE, CHOWARA P.O., CHENGAMANADU. BY ADV. SRI.PHILIP J.VETTICKATTU SMT.ANEY PAUL RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. RONY ZACHARIA, VAZHAPPILLY HOUSE, PANAMKUTTICHIRA P.O., OLLUR. 2. JOMON ZACHARIA, VAZHAPPILLY HOUSE, PANAMKUTTICHIRA, P.O.OLLUR. (* DELETED) 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., ROUND WEST TRICHUR. * R2 IS DELTED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 03/07/07 IN I.A.1284/2007. BY ADV. SRI.JOHN T. SEBASTIAN - R1 SRI.GEORGE.P.U. - R1 SRI.M.JACOB MURICKAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.A.C.A. No. 339 of 2003 --------------------------------------- Dated this the 25th day of June, 2008 Judgment Koshy,J. The appellant sustained serious injuries in a motor accident on 7.3.1999. Motor Accidents Claims Tribunal found that the accident occurred due to the negligent driving by second respondent driver of the car owned by the first respondent and insured by the third respondent. But, against a claim of Rs.Ten lakhs, only an amount of Rs.2,61,765/- was awarded by the tribunal including Rs.76,455/- towards reimbursement of actual medical expenses covered by bills. Only quantum of compensation is disputed in this appeal. 2. Claimant was a Mechanical Engineering degree student (sixth semester) at the time of the accident. Exts.A17 and A18 certificates prove the same. The tribunal fixed Rs.2,500/- as the notional monthly income. Ext.A20 is the copy of the certificate from Sainik School, Kazhakoottam showing that he was a student of Central Board of Secondary Examination. It shows that he was a brilliant student. Being an Engineering degree student, we are of M.A.C.A.No. 339/2003 2 the opinion that at least Rs.2,500/- should be fixed as the notional income. 3. At the time of accident, he was aged 20 years. Taking guidance from the second schedule, 16 is the apt multiplier. With regard to the injuries, after considering the evidence, both documentary and oral, the tribunal found as follows: "12. Ext.A5 is the copy of accident register-cum-wound certificate issued from M.M.M. Hospital, Kolencherry and which showing that he was admitted on 7.3.1999 at 7.45 a.m. following car accident. Apart from loss of sight and disfiguration of right eye, his left eye is also affected. His broken lips were joined and there is disfiguration. Ext.A13 disability certificate shows that he had 40% disability. Ext.A13 disability certificate was not issued by the medical board. Tribunal rejected it. PW2 doctor proved the same. According to him, his entire future is lost. He had to discontinue the studies for one semester. Possibility of getting a good job and higher studies were lost in view of 40% physical disability. In this connection, we also refer to item No.25 of Schedule I to the Workmen's Compensation Act. We are of the opinion that compensation shall be granted for 40% disability and consequential loss of earning power. Hence, compensation payable will be Rs.2500 x 12 x 16 x M.A.C.A.No. 339/2003 3 40 = 1,92,000/-. The tribunal awarded only Rs.91,800/-. Hence, 100 additional compensation payable will be Rs.1,00,200/-. For loss of earning, another Rs.3,000/- is awarded by the tribunal. That is treated as compensation awarded for loss of his studies for one year. Therefore, in effect, total additional compensation payable will be Rs.1,00,200/- rounded to Rs.1,00,000/-. The above amount shall be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the same, appellant is allowed to withdraw the same. J.B.Koshy Judge P.N.Ravindran Judge vaa M.A.C.A.No. 339/2003 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.C.A. Nos.339 of 2003 ------------------------------------- Judgment Dated:25th June, 2008