IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 MACA.No. 2384 of 2007() ----------------------- OPMV.1087/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------------ DEVASSIA, S/O FRANCIS, AGED 53 YEARS, OZHUKAYIL HOUSE, CHAMAL, THAMARASSERY, KOZHIKODE. BY ADV. SRI.A.V.M.SALAHUDIN RESPONDENTS: RESPONDENTS IN OP (MV): ------------------------------------------------------------------- 1. ASST. EXCISE COMMISSIONER, EXCISE OFFICE, KOZHIKODE. (OWNER OF THE JEEP NO.KRZ 2744) 2. MUHAMMED, S/O KUNHOYI HAJI, PUTHIYOTTIL HOUSE, KODUVALLY POST, KOZHIKODE. (DRIVER OF THE JEEP NO.KRZ 2744) 3. THE UNITED INDIA INSURANCE COMPANY LTD., CHEROOTTY ROAD, KOZHIKODE. (INSURER OF THE JEEP NO.KRZ 2744) BY SR. GOVERNMENT PLEADER SRI. V.T.K.MOHANAN - R1 BY ADV. SMT.M.LALITHA NAIR - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2384 OF 2007 = = = = = = = = = = = = = = = Dated this the 21st day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1087/98. The claimant aged 45 years sustained injuries in a road accident. He has lost the vision of one eye and the Tribunal accepted the disability at 30% and granted him a compensation of Rs.53,868/-. It is aggrieved by that decision the claimant has come in appeal. 2. Heard the counsel for both sides. Learned counsel for the appellant would contend before me that the Tribunal has awarded inadequate compensation. It has not taken into consideration even the notional income. It has not awarded any amount for loss of amenities and only a very low amount is awarded for pain and sufferings and further nothing is granted towards bystander's or extra nutritious food. There is some force in the said contention of the learned counsel for the appellant. M.A.C.A. 2384 OF 2007 -:2:- 3. Paragraph 7 of the award is really confusing. At one place the Tribunal would say that loss of eye sight was not due to the accident and ultimately come to the conclusion that the claimant is entitled to visual disability compensation. I think it appears to be a mistake but the factum is proved by producing the report of the Medical board and examination of the Doctor. PW2, the doctor has made very clear that it was an optical nerve injury which has affected the vision of the person and he had lost the vision of one eye completely and therefore I accept the finding of the Tribunal regarding 30% disability. When compensation is calculated on the basis after at least taking the notional income and the age as 45 years, then the annual loss would come to Rs.4,500/- which when multiplied by 13 would be Rs.58,500/-. The Tribunal has awarded only Rs.46,800/- and therefore the claimant is entitled to an additional compensation of Rs.11,700/- under that head. At least three M.A.C.A. 2384 OF 2007 -:3:- months loss of earnings has to be granted to a person who had lost the vision of one eye in an accident. So it would come to Rs.3,750/-. Similarly, though the accident is of the year 1998 considering the gravity of the injury and the loss of eye sight I grant Rs.5,000/- towards compensation for pain and sufferings. I am conscious of the fact when the Tribunal grants permanent disability compensation and loss of amenities it should take into consideration the facts and there should not be any overlapping. But, at any rate, it has to be stated that the loss of vision of eye sight certainly would cause him loss of amenities and enjoyment in life and he was only 45 years old at the time of accident. I award Rs.5,000/- under that head. Similarly, for bystander's expenses and for extra nutritious food considering the period of hospitalisation I grant Rs.1000/-. Then the claimant will be entitled to an additional compensation of Rs.26,450/-. M.A.C.A. 2384 OF 2007 -:4:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.26,450/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-