IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 MACA.No. 621 of 2003() ---------------------- OPMV.1791/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT:APPLICANT: ---------------------------------------- SANAL KUMAR, S/O. CHELLAPPAN, EDAVILA VEEDU, T.C.3/792, MUTTADA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.J.HARIKUMAR SRI.HARIKUMAR.S. RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. PROPRIETOR, TABLETS (INDIA) LTD., 179 T 4 ROAD, MADRAS-600081. 2. UNNIKRISHNAN, S/O. RAGHAVAN PILLAI, KALIYARAKATHU VEEDU, ALAYAMAN MURI, ALAYAMAN VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRCIT. 3. THE ORIENTAL INSURANCE CO. LTD., PULIMOOTTIL BUILDINGS, P.B.NO.17, POST OFFICE JUNCTION, PUNALUR-691 305. BY ADV. SRI.JOSEPH KODIANTHARA - R1 SRI.MITHUN MARKOS - R1 SRI.VPK.PANICKER - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- M.A.C.A.NO.621 OF 2003 (B) ----------------------------------- Dated this the 11th day of June, 2008 J U D G M E N T KOSHY,J. Petitioner, at the age of 31, sustained injuries in a motor accident on 8.11.1998. He claimed a compensation of Rs.5 lakhs. Tribunal awarded only Rs.1,69,600/- inclusive of reimbursement of medical expenses actually incurred. Tribunal found that accident occurred due to the negligence of the vehicle insured by the 3rd respondent Insurance company. Only quantum of compensation is disputed in this appeal. 2. According to the claimant, his monthly income was Rs.7,500/- as he was the proprietor of the business in soft drinks and soda. He produced application for registration of Small Scale Industry etc. to prove the same. He also adduced oral evidence. But in the absence of clear evidence to show the actual income, tribunal has taken only Rs.2,000/- as the monthly income. We are of the view that he was maintaining a MACA.621/03 2 family and even a manual worker will get more than Rs.125/- per day in 1998. Considering all these aspects, we fix Rs.3,000/- as the monthly income. As far as the injuries are concerned, tribunal found as follows: “It is proved by the above medical records that in the accident petitioner sustained lacerated injury left temperal region 10 cm long bone deep, cerebral odema, subarchinoid hemorrhage, contusion right frontal lobe near orbital roof, contusion right temperal lobe, fracture to left parietal bone, fracture of left temperal bone on seuamus part and in the region of mastoid air cells, encyphalo malasia of the right temperal region, left sided hemi plegia with facial plasi left. He was admitted in the Medical College on 8.11.1998, wound sutured, tracheotomy done and discharged on 24.12.1998. Thereafter several times he attended the OP department of the Medical College Hospital with complaint of left side weakness and underwent treatment.” Ext.A4 certificate shows that his permanent partial disability was 30%. But tribunal, without any reason, reduced it to 20%. According to the claimant, because of the after effects of injuries, he is unable to do any work. We have referred the claimant to the Medical Board constituted under the Government Medical College Hospital, Thiruvananthapuram. Medical Board assessed the permanent disability at 30%. So MACA.621/03 3 compensation should be calculated for 30% permanent disability. Tribunal has fixed 17 as the multiplier. Since he was aged 31, considering the 2nd Schedule as the guideline, we see no ground to enhance the same. Apex Court in the following decisions held that 2nd Schedule can be taken as a guideline for assessing compensation for claims under Section 166 also (See Smt.Supe Dei and others v. M/s National Insurance Co. Ltd. and another (JT 2002 (Suppl.1) SC 451), Abati Bezbaruah v. Dy. Director General, Geological Survey of India and another ((2003) 3 SCC 148) and APSRTC v. M.Pentaiah Charg (2007 AIR SCW 5689)). Therefore, compensation payable for permanent disability will be Rs.3,000 x 12 x 30/100 x 17 = Rs.1,83,600/-. Tribunal has awarded only Rs.81,600/- for disability and loss of earning capacity. Therefore, additional compensation will be Rs.1,02,000/-. Tribunal has awarded Rs.6,000/- for loss of actual earning for three months under treatment. Since we have enhanced the monthly income from Rs.2,000/- to Rs.3,000/-, he is entitled to additional Rs.3,000/- on that ground. Even though it is contended that compensation granted under other heads are very low considering the total amount, no enhancement is required. The additional amount MACA.621/03 4 of Rs.1,0,5000/- 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 decreed amount by the tribunal. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008