IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 MACA.No. 801 of 2003() -------------------------------- OPMV.1053/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT / CLAIM PETITIONER --------------------------------------------- ALBERT MATHEW, S/O. MATHEW, AGED 32 YEARS, NADUPARAMBIL HOUSE, KARIMKUNNAM KARA, KARIMKUNNAM VILLAGE. BY ADV. SRI.SHAJI P.CHALY SRI.JANEEVAN JOHN RESPONDENTS/RESPONDENTS ----------------------------------------------- 1. E.K.VELAYUDHAN, S/O. KOCHON, AGED 42 YEARS, EDAKKATTUKUDY VEETIL, CHELEDU KARA, PINDIMANA VILLAGE (KI-7-2523-LORRY DRIVER) 2. G.RAMABHADDRAN, ARUN NIVAS, THADIANPADU POST, IDUKKI (KL-7G-2523-LORRY OWNER) 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, MATTANCHERRY POLICY NO.3823/1999, CERTIFICATE NO.1359772 VALID UP TO 11/02/1999 TO 10/2/2000 4. ABDUL KAREEM, S/O. MUHAMMED, AGED 38 YEARS, KARIKKANAKUDY VEETTIL, PERUMATTAM KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK (KL-7-2523-LORRY OWNER) 5. BABU C.VARGHESE, S/O. VARGHESE, CHAMAKALAYIL HOUSE, IRINGAL POST, PERUMBAVOOR, (KEF-3126-M.B.M.S.BUS OWNER) MACA. NO.801/2003 6. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MUVATTUPUZHA, POLICY NO.10/101/31/40/16/5139/98 VALID UP TO 11/11/2003. BY ADV. SRI.A.R.GEORGE - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.A.C.A.No.801 of 2003 ===================== Dated this the 17th day of June, 2008. JUDGMENT Koshy,J. The appellant aged 40 years sustained injuries in a motor accident on 8.1.2000. He claimed Rs.7 lakhs as compensation. The Tribunal has allowed only Rs.2 lakhs as compensation including medical reimbursement. The only dispute is regarding quantum of compensation. With regard to the injuries sustained, the Tribunal held as follows: "Ext.A1 is a disability certificate issued by an Ortho Surgeon (Retd). The certificate states that the right elbow joint of the petitioner is totally ankylosed in mal-position and only a jog of movement is possible. Further, it states that severally limited range of motion is preventing the patient from performing some of his necessary activities of daily living such as feeding to himself and his (R) elbow joint is having fixed flexion deformity of 30 degree from which further flexion is only 5 to 15 degree, and that the petitioner is having cubitus varus deformity of (R) elbow resulting from the elbow injury and MACA 801/03 -: 2 :- malunion of fracture. He has assessed the disability at 40%." 2. The Tribunal has accepted 25% disability. We see no ground to change the same. Taking the guidance from the 2nd Schedule, 17 was fixed as the multiplier. We see no ground to enhance the same. With regard to the monthly income, appellant was Assistant Manager under PW3, who was conducting a travel agency. The appellant has passed M.S.W. and diploma of International Air Transport Association. According to PW3, appellant was getting Rs.6,200/- as salary. But the Tribunal has fixed only Rs.2,200/-. We are of the view that considering the fact that he is a post graduate and the accident occurred in 2000 and he was maintaining a family, at least Rs.3,500/- ought to have been taken as monthly income. The compensation for 25% disability payable will be Rs.1,78,500/- (3500x12x25/100x17) instead of Rs.1,12,200/- awarded by the Tribunal. Therefore, the claimant will be entitled to additional amount of Rs.66,300/- under the said head. The Tribunal has awarded Rs.8,800/- for loss of actual earning for a period of four months. Since we have increased the income from Rs.2,200/- to Rs.3,500/-, for loss of MACA 801/03 -: 3 :- actual earning for four months he is entitled to an additional amount of Rs.5,200/-. Therefore, the additional amount of compensation payable is Rs.71,500/-. Even though it is contended that the compensation under other heads are very meager considering the total compensation, we are not enhancing the same. 3. The additional amount of Rs.71,500/- should 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. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 19/6