IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 MACA.No. 346 of 2004 ---------------------- OP(MV).238/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) -------------------------------------------------- JIJO, S/O. SUBRAN, AYYODATH HOUSE, EZHATTUMUGHAM P.O., ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ---------------------------------------------------------------- 1. K.V.SANTHOSH S/O. VELUKUTTY, KALLITTAMKUZHY HOUSE, MELOOR P.O. 2. ABU @ ABRAHAM, S/O. ANTHONY, PYNADATH HOUSE, SANJO NAGAR, MELOOR P.O. 3. MANAGER, UNITED INDIA INSURANCE CO.LTD., SOUTH JUNCTION, CHALAKUDY. ADV. SRI.M.A.HAKIM SHAH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. -------------------------------------------------- M.A.C.A. NO. 346 OF 2004 D --------------------------------------------------- Dated this the 26th May, 2009 JUDGMENT K.M. JOSEPH, J. Appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act. He sustained the following injuries: “1. Traumatic subtotal amputation right arm. 2. Fracture shaft humerus right. 3. Cut brachial Artery and Vein. 4. Badly crushed and devitalised right arm and forearm. 5. Fracture both bones forearm. 6. Cut medial nerve injury right. 7. Long deep lacerated wound right ulnar extending medially from the arm to latero medial portion of forearm exposing all bones, tendons and vessels.” 2. According to the appellant, he was a driver. He has MACA 346/04 D 2 undergone hospitalisation in three spells. The Tribunal found that he is entitled to a total compensation of Rs.3,35,000/=. Feeling aggrieved, the claimant filed this Appeal. 3. We heard the learned counsel for the appellant. Learned counsel for the appellant points out that this is a case where the appellant who was 26 years of age, suffered serious injuries. The income taken is inadequate. He points out that this is a case where he has produced Certificate and also examined the employer as PW3, who has spoken about the income being Rs.4,500/= per month. But, the income is taken as Rs.1,500/= per month only. He further contends that the disability is assessed to 62 per cent and the loss of earning power is taken only as fifty per cent. He points out that the appellant who was a driver became unable to do his work. He also points out that the amount awarded towards permanent disfiguration is only Rs.6,500/= and it is inadequate. 4. We find that this is a case where not only the appellant has a definite case about his income being Rs.4,500/=, but he MACA 346/04 D 3 has also produced Ext.A15 Salary Certificate and he has examined Shri Ramakrishnan, who has issued the Certificate as PW3. PW3 has spoken in terms of the income. Of course, we cannot also overlook the fact that as observed, there was no other material to show that the amount is being paid. The accident took place in the year 1999. None-the-less, we would think that it would be fair and just, if we fix the income at Rs.2,500/= per month. If that be so, the appellant would be entitled to a sum of Rs.1,08,000/= more towards loss of earning power. Further, he would be entitled to a sum of Rs.10,000/= towards loss of earning. We also feel that the amount awarded towards permanent disfiguration, in the teeth of the finding that he has lost his marriage prospects, the right hand presents ugly appearance, is certainly inadequate and he should be paid a sum of Rs.3,500/= more. Thus, the appellant becomes entitled to a further sum of Rs.1,21,500/= which will bear interest at 7.5 per cent from the date of the petition till the date of payment. Thus, an Award is passed with an enhanced compensation of MACA 346/04 D 4 Rs.1,21,500/- (Rupees One Lakh, Twentyone Thousand and Five Hundred) with interest at 7.5 per cent from the date of the petition till the date of payment against the respondents. Sd/= K.M. JOSEPH, JUDGE Sd/= M. L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge