IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 MFA.No. 693 of 2001(B) ---------------------- OPMV.462/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT: ----------- FRANCIS, S/O.MATHEW, PUTHURKARA HOUSE, P.O.NADATHARA, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN SRI.T.VENUGOPALAN RESPONDENTS: ------------- 1. SOORAJ THOMAS, S/O.THOMAS KUTTY, “MARY GIRI” HOUSE. PANAYANGARA P.O., PALAKKAD DISTRICT. 2. SHAJU, S/O.OUSEPH, KUNNUMPURAM HOUSE, CHIRAKKAKODE, P.O. VELLANIKKARA, THRISSUR DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, KURUPPAM ROAD, THRISSUR. BY ADV. SRI.M.A.HAKIM SHAH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.F.A.No. 693 of 2001 -------------------------------------------- Dated this the 7th day of January, 2008. JUDGMENT Koshy, J: Appellant-claimant, while travelling in a scooter, was knocked down by a bus driven by the 2nd respondent and insured by the 3rd respondent insurance company. Against a claim a of Rs.1,64,000/-, the Tribunal awarded only Rs.35,000/-. The only dispute is regarding the quantum of compensation. 2. Appellant was a Spray painter. He was aged 31 at the time of accident. The Tribunal fixed Rs.1500/- as the monthly income. It is contended that he would get Rs.150/- per day and Rs.3500/- ought to have been taken as the monthly income. We are of the opinion that, being a Spray painter, he would get Rs.100/- per day and he may get 24 to 25 days work in a month and Rs.2500/- can be fixed as the monthly income. As far as injuries are concerned, Ext.A2 is the accident-cum- would certificate. X-ray of right had revealed fracture to first metacarpal, [M.F.A.693/01] 2 terminal phalanx of right finger and mid phalanx of ring finger and mid phalanx of right middle finger. Ext.A6 is the discharge summary which would go to show that he was treated till 29.10.1998. Investigation result revealed fracture to 1st metacarpal and compound fracture of 4th and 3rd phalanx. Open reduction and K wife fixation was done. He was again admitted on 28.12.1998 and was discharged on 29.12.1998. this admission was due to abcess formation to the right finger. Ext.10 disability certificate shows that he is having permanent disability of 6%. We see no ground to disagree with the disability certificate issued by doctor. He was 32 years old and taking Second Schedule as the guideline, multiplier fixed is 17. If that be so, compensation for 6% disability is Rs.30,600/- (Rs.2500 x 12x17x 6/100). Therefore, additional compensation payable will be Rs.27,300/-. The contention of the appellant that since he cannot do any painting work and it amounts to complete loss of earning capacity, cannot be accepted as doctor certified only 6% disability. For loss of earning, the Tribunal awarded Rs.4500/-. Since we have fixed monthly income at Rs.2500/- he is entitled to Rs.3000/- more in that head. Thus, additional amount payable will be Rs.30,300/-. We are of the opinion that no enhancement [M.F.A.693/01] 3 is required on other heads. Therefore, additional compensation of Rs.30,300/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the amount decreed by the Tribunal. On deposit of the amount, the appellant is allowed to withdraw the same. Appeal is partly allowed. J.B.KOSHY, JUDGE. K. HEMA, JUDGE. Krs. [M.F.A.693/01] 4 J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.F.A.No. 693 of 2001 -------------------------------------------- Dated this the 7th day of January, 2008. JUDGMENT