IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 MACA.No.130 of 2003 (D) ------------------------------ OPMV.991/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA. .................... APPELLANT/CLAIMANT: ---------------------------- PRADEEP, S/O. RAGHAVAN PILLAI, VINOD NIVAS, PUTHUKULANGARA P.O., (VIA.) ARYANADU, THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.N.NARAYANAN NAIR SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.VIMAL KUMAR.A.V. RESPONDENTS IN THE O.P. (MV): ---------------------------------------- 1. NAZEERUDEEN, KULAMBICKAL PUTHEN VEEDU, NEAR MARKET, NEDUMANGADU, THIRUVANANTHAPURAM. 2. NAZARUDEEN, V.K. HOUSE, PALLIVETTA, PAZHAYATHERUVU, ARYANADU. 3. M/S. UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, CWC BUILDING, LMS COMPOUND, PALAYAM, TRIVANDRUM. 4. JALAJAKUMARI, ARUNALAYAM, HOUSE NO.443/9, UZHAMALACKAL, PUTHUKULANGARA P.O., NEDUMANGADU. 5. BAHULEYAN, ARUNALAYAM, HOUSE NO.443/9, UZHAMALACKAL, PUTHUKULANGARA P.O., NEDUMANGADU. MACA.No.130 of 2003 (D) -2- 6. M/S. NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE NO.II, GANDHARI AMMANCOIL ROAD, THIRUVANANTHAPURAM. ADV. SRI.RENIL ANTO FOR R6 SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A. No.130 of 2003 ------------------------------------------------ Dated this the 17th day of October, 2008 JUDGMENT Koshy, J The appellant/claimant at the age of 19 sustained injuries in a motor accident on 07/09/99. He claimed a total compensation of Rs.4 lakhs. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent/Insurance Company and directed the third respondent/Insurance Company to deposit an amount of Rs.2,12,000/- with 9% interest. Only the quantum of compensation is disputed in this appeal. 2. The injuries sustained by the appellant are mentioned in Para 7 which is as follows:- M. A. C. A. No.130 of 2003 -2- “Exts.A6, A7 & A8 are discharge cards and A12 is the wound certificate issued from the Medical College hospital, Thiruvananthapuram. Exts.A9 & A10 are discharge cards, A11 is the treatment certificate issued from the S.P. Fort Hospital, Thiruvananthapuram. It is proved by these documents that in the accident, the petitioner sustained stiffness (L) knee, fracture neck of femur (L). Quadriceps plasty (L) knee, hemiarthio plasty (L) hip, fracture femur (L), fracture patella (L) fracture tibia (L), compound comminuted fracture (L) patella, abrasion back and gluteal region, lacerated wound 5 x 2 cm patella, abrasion (L) leg lower third. He was admitted and treated in the Medical College hospital as inpatient from 07/09/99 to 28/09/99 from 14/01/2000 to 19/01/2000 and thereafter from 15/02/2000 to 03/03/2000 open reduction and internal fixation, long leg cast applied, wound debridment and circumferential wiring, plate and screw applied and BK skin traction applied to the petitioner in the Medical College hospital. He was admitted and treated in the S.P. For Hospital as inpatient from 07/09/2000 to 01/10/2000 and thereafter from 21/02/2001 to 05/03/2001 with weight bearing. In Ext.A11 treatment certificate, it is stated that the petitioner underwent two operations in the S.P. For hospital, Thiruvananthapuram on 12/09/2000 and 19/09/2000.” 3. Ext.A6 is the Medical Certificate assessing permanent disability at 20%. The Tribunal accepted the same after seeing the claimant and considering the various medical certificates. Taking guidelines from the Second Schedule 16 was taken as the M. A. C. A. No.130 of 2003 -3- multiplier. We see no ground to enhance the same. Tribunal fixed only Rs.2,000/- as the monthly income. It is contended that the monthly income assessed as Rs.2,000/- is very low. At the time of the Accident, he was a student of Government Polytechnic, Neyyattinkara. Ext.A15 is the certificate issued by the Government Polytechnic, Neyyattinkara. In the year 2002, he passed the Diploma in Computer Engineering. It is his contention that he is unable to get a good job in view of the disability sustained even though he was able to pass, but due to the disability, after much delay he could obtain the Diploma. Being a young man, the accident occurred at the age of 19, considering his Diploma in Computer Science and considering his future prospects, we are of the opinion that instead of Rs.2,000/- as the monthly income Rs.2,500/- ought to have been taken as the monthly income M. A. C. A. No.130 of 2003 -4- for the purpose of calculating compensation. If that be so, compensation for 20% disability taking 16 as the multiplier will be Rs.96,000/- (Rs.2,500/- x 12 x 16 x 20/100). The Tribunal has already awarded a compensation of Rs.76,800/- towards 20% permanent disability. Therefore, the additional amount payable on that count will be Rs.19,200/- (Rs.96,000 - 76,800). Even though it is contended that compensation granted on other heads are very low, considering the total amount granted, we are of the opinion that just and reasonable compensation was awarded by the Tribunal and no interference is required on the same. The additional amount of Rs.19,200/- should be deposited by the third respondent/Insurance Company with 7.5% interest per annum from the date of application till its deposit over and above the amount decreed by the Tribunal. On deposit M. A. C. A. No.130 of 2003 -5- of the same, the appellant is allowed to withdraw the same. 4. This appeal is thus, allowed in part. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-