IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 MFA.No. 871 of 2002(C) ---------------------- OPMV.510/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: (PETITIONER IN O.P.(MV)): ----------------------------------------------- T.VISWANATHAN, THIRUTHIMEL HOUSE, P.O.ARICAD, NALLALAM, MEENACHANDA TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: (RESPONDENTS 1 & 2 IN O.P.(MV)): ------------------------------------------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, FORT, TRIVANDRUM. 2. K.D.CHAKKUNNY, S/O.DEVASSY, KOLLAGARA HOUSE, PERAMANGALAM DESOM, PERAMANGALAM VILLAGE, THRISSUR DISTRICT. BY ADV.SRI.K.PRABHAKARAN (SC) THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.871 OF 2002 () ----------------------------------- Dated this the 1st day of January, 2008 J U D G M E N T KOSHY,J. Appellant claimant while travelling in a bus met with an accident when it collided with a tempo van bearing Registration No.KL-5/A 4083. He claimed a compensation of Rs.4,00,000/-. Tribunal found that accident occurred due to the negligence of the driver of the bus which was owned by the 1st respondent Kerala State Road Transport Corporation and directed respondents 1 and 2 to deposit the amount. Major dispute is regarding the compensation awarded for disability and loss of earning capacity. 2. Tribunal was of the opinion that his monthly income can be fixed at Rs.1,200/-. Under the Second Schedule, even a non-earning person's notional income is fixed as Rs.1,250/- MFA.871/2002 2 (Rs.15,000/- per year). Here the appellant was a 46 year old man maintaining a family. He was a driver with heavy vehicle license. Ext.A12 certificate shows the same. A heavy vehicle driver even in 1994 will get more than Rs.100/- per day and he may get 26 days work in a month, and therefore, Rs.2,400/- ought have been fixed as the monthly income. Tribunal calculated compensation for 40% disability. As a result of the accident, his right eye vision was lost. Doctor certified 40% loss of earning capacity. Even though it is contended that because of the loss of complete eye sight of right eye, he is unable to drive the vehicle and compensation should be granted for 100% loss of earning capacity, we are of the opinion that compensation for 40% loss will serve the purpose as Doctor certified only 40% disability. If that be so, compensation payable for disability and loss of earning capacity will Rs.2,400 x 12 x 40/100 x 13 = Rs.1,49,760/- which can be rounded to Rs.1,49,800/-. Tribunal has granted Rs.74,900/- for loss of earning and disability. Thus additional amount payable under these heads is Rs.74,900/-. It is submitted that the compensation awarded for all other heads MFA.871/2002 3 are very meager. We are of the opinion that compensation granted for other heads like pain and sufferings, reimbursement of other expenses etc. needs no enhancement. Tribunal found that he was under treatment for five months and for complete loss of earning for five months, tribunal has granted Rs.6,000/- taking Rs.12,00 as the monthly income. Since we have increased the monthly income at Rs.2,400/-, for loss of earning he is entitled to another Rs.6,000/-. Thus additional amount payable will be Rs.80,900/-. The above amount should be deposited by the 1st respondent K.S.R.T.C. with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the above, appellant is entitled to withdraw the same. With the above directions this appeal is partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.871 OF 2002 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 1st January, 2008