IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 MACA.No. 652 of 2006() ---------------------- OPMV.2173/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONERS. ------------------------------------ SABU @ JOHN.C.JACOB, S/O.A.J.JACOB, EDATHU MADAM, MALATHIPPADI BHAGOM, VADAVATHOOR P.O. VIJAYAPURAM VILLAGE, KOTTAYAM. BY ADV. SRI.M.I.ISMAIL RESPONDENT(S): RESPONDENTS. --------------------------- 1. SHAJI CHERIAN, S/O.CHERIAN, KOTHASSARIYIL HOUSE, ANANTHANAM BHAGOM, MANDANAM KARA, VIJAYAPURAM VILLAGE, KOTTAYAM. 2. SASIDHARAN, KUMARAPARAPPIL HOUSE, THRIKKODITHANAM P.O. KOTTAYAM. 3. UNITED INDIAN INSURANCE CO.LTD., CHANGANACHERRY. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER,J & M.L.JOSEPH FRANCIS, J ------------------------------------------------------------------- MACA.NO.652 OF 2006 ---------------------------------------- Dated this the 20th day of December, 2010 JUDGMENT The short question that arises for consideration in this appeal by the claimant is whether the quantum of compensation awarded by the Tribunal under the head of permanent disability is just and proper. Ext.A12 certificate issued by the Medical Board attached to the District Hospital, Kottayam reveals that the Board had assessed the visual disability in the right eye as “less than 20%”. The Board noticed that there was “minimal visual loss in right eye due to penetrating injury”. However, the Tribunal took the percentage of disability as 10 instead of 20 as certified by the Board. In our view, in the interest of justice it will be appropriate if the disability is fixed as 15%. The Tribunal has reckoned the notional monthly income of the appellant as Rs.2,500/-. According to the appellant he had been working as a driver at the time of the accident and earning Rs.3,750/- per month. He was aged 29 at the time of the accident. Having regard to the entire facts and circumstances, we are of the view that the appellant's monthly income can be reckoned as 3,000/-. Therefore, applying the multiplier of 18, as rightly adopted by the Tribunal, the compensation payable under the MACA.NO.652 OF 2006 2 head of permanent disability can be recomputed, thus: 3000 X 12 X 15 X 18 divided by 100 = Rs.97,200/-. Therefore, the appellant shall be entitled to get additional compensation of Rs.43,200/- under the head of permanent partial disability. The Tribunal has awarded interest @ 6%. Appellant shall be entitled to get 7.5% interest for the entire amount of compensation. No other grounds have been raised. The award is modified to the above extent. The appeal is disposed of in the above terms. A.K.BASHEER,JUDGE M.L.JOSEPH FRANCIS,JUDGE pm MACA.NO.652 OF 2006 3