IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 MFA.No. 133 of 2002() --------------------- OPMV.3622/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: PETITIONERS ---------------------- CHACKKAPPAN, PEENIKKAPARAMBIL HOUSE, KODASSERY VILLAGE, CHATTYKULAM P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS ------------------------ 1. P.ANANDAN, C/O.PATEL ROADWAYS (P) LTD., T.D.ROAD, ERNAKULAM, COCHIN-11. 2. V.P.ANTONY, VATTOLY HOUSE, KANJIRAPPILLY P.O., KOTTAYAM DISTRICT. 3. MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, ERNAKULAM. R3 BY ADV. SRI.M.JACOB MURICKAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.133 OF 2002 ------------------------------------- Dated 18th January, 2008 JUDGMENT Koshy,J . Appellant/claimant while travelling as a pillion rider in a motor cycle met with an accident by which he sustained fracture of the tibia. He claimed Rs.2,00,000/= as compensation, but, Tribunal has awarded only Rs.28,900/=. Only quantum of compensation is disputed in this appeal. Tribunal found that there is only 6% disability even though in Ext.A8 it was certified that there is 15% disability. Tribunal has given ample reason for assessing disability at 6%. Appellant produced Ext.A7 series bills and it can be seen that he has spent about Rs.15,000/= for medical expenses, but, only Rs.6,000/= was awarded by the Tribunal. He claimed Rs.10,000/= for medical expenses in the application. Considering the medical bills produced, we are of the opinion that Rs.10,000/= ought to have been awarded and hence he is entitled to an additional compensation of Rs.4,000/= as reimbursement of medical expenses. He was aged 30 at the time of accident and he was a mechanic by profesion. Tribunal has taken Rs.900/= as the monthly income and awarded Rs.11,000/= as compensation for 6% permanent disability and loss of earning power. According to the appellant, he was getting Rs.3,000/= as monthly income, but, no evidence was produced. MFA.133/2002 2 At the same time, he was a mechanic by profession and he was maintaining a family. We are of the opinion that at least Rs.1,800/= ought to have been taken as the monthly income. Since we have doubled the income, he is entitled to another Rs.11,000/= for disability. Even though it was argued that compensation granted under other heads are very low, considering the total compensation awarded, we are of the opinion that no enhancement is needed under other heads. The additional amount of Rs.15,000/= shall be deposited by the third 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. The appeal is partly allowed. J.B.KOSHY JUDGE K.HEMA JUDGE tks