IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 MACA.No. 1802 of 2006(A) ------------------------------------ O.P(MV).NO.2635/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM. .................... APPELLANT/PETITIONER: ------------------------------------- JOSHNA JOSEPH, S/O.SELVANAYAKAM @ SELVARAJAN, KESAVANPUTHOOR, PUTHUMEDU KARA, POOTHAPANDY VILLAGE, PRESENTLY RESIDING AT PLAPPARAMPIL HOUSE, NEAR MUDIYOORKARA CHURCH, MUDIYOORKARA KARA, PERUMBAIKADU VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.MATHEW JOHN (K), SRI.SUJESH MENON V.B. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. RAJESH, S/O.RAJAPPAN, MANGATTUPARAMBIL, PUZHATHURUTHU P.O., NEAR PAZHUTHURUTHU SCHOOL, NJEEZHOOR VILLAGE. 2. T.N.JAYASREE, MANATIPPARAMBIL, ENADI P.O., VAIKOM. 3. THE NATIONAL INSURANCE CO.LTD., THRIPPUNITHURA. R3. BY ADV. SRI.MATHEWS JACOB (SR.), ADV. SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.1802 OF 2006 ------------------------------------- Dated 15th October, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained serious injuries in a motor accident on 20.6.2001. He claimed a compensation of Rs.2,00,000/=. The Tribunal awarded an amount of Rs.34,672/= and directed the third respondent insurance company which insured the offending vehicle to deposit the amount. The only dispute in this appeal is regarding the quantum of compensation. 2. Heard both sides. 3. Ext.A6 wound certificate shows the following injuries: “(1) Open fracture distal phalanx of big toe (R). (2) Intra articular fracture scapula (R). (3) Lacerated wound 2 x 1 cm. base of second toe (R). and (4) Lacerated wound ® knee 1 x 2 cm.” The doctor assessed 10% permanent disability on account of wasting of right scapula and shoulder muscles by restriction in movements of shoulder both in external rotation and internal rotation. The Tribunal stated that only lesser percentage of disability is accepted, but, what is the percentage of disability accepted is not mentioned in the award. A MACA.1802/2006 2 global amount of Rs.15,000/= was awarded as the compensation for disability and loss of earning power. Considering the injuries, we are of the opinion that compensation ought to have been awarded at least for 5% disability. The appellant was a mason by profession. The accident occurred in 2001. He was aged 37 at the time of the accident and he was maintaining a family. We are of the opinion that at least Rs.100/= has to be taken as the daily income and he would have got work for 25 days in a month. Thus, we take Rs.2,500/= as the monthly income. Taking guidance from the second schedule, 16 is the apt multiplier. If that be so, compensation payable for permanent disability and loss of earning power will be Rs.24,000/= (2500 x 12 x 16 x 5 ). After deducting Rs.15,000/= awarded by the Tribunal, the 100 additional compensation payable under this head will be Rs.9,000/=. The Tribunal found that the appellant was unable to do any work for three months because of the injuries. Taking Rs.1,500/= as the monthly income, only Rs.4,500/= was awarded for loss of actual earnings. Therefore, the additional compensation payable on this count will be Rs.3,000/=. Even though it is argued that compensation awarded under other heads are also very meagre, considering the total compensation awarded and nature of injuries suffered, we see no ground to enhance the same. Thus, the appellant is entitled to an additional amount of Rs.12,000/=. The above amount of Rs.12,000/= MACA.1802/2006 3 should 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.P.BALACHANDRAN JUDGE tks