IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 MFA.No. 1398 of 2001() ---------------------- OPMV.547/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: ----------- K.A.SULAIMAN KUTTY,S/O.AHAMED, AGED 48 YEARS, KUTTOTH HOUSE, S.R.M.ROAD, ERNAKULAM. (EXPIRED ADDL.APPELLATS IMPLEADED) ADDL.APPELLANTS 2 TO 6 ARE IMPLEADED: 2.LAILA,AGED 46 YEARS, W/O.LATE SULAIMAN KUTTY, KUTTOTH HOUSE, S.R.M.ROAD, ERNAKULAM. 3.SUDHEER,AGED 26 YEARS, S/O.LATE SULAIMAN KUTTY, - DO - 4.AJI, AGED 23 YEARS, -DO- -DO- -DO- 5.ANZAR, AGED 20 YEARS, -DO- -DO- 6.SAJANA,AGED 18 YEARS, D/O.LATE SULAIMAN KUTTY, -DO- -DO- (ADDL.APPELLANTS 2 TO 6 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF THE DECEASED APPELLANT AS PER ORDER DATED 4.4.2003 ON C.M.P.1919/03). BY ADV. SRI.M.A.ABDUL HAKHIM ADV. SRI.JAYAN ABRAHAM M.GEORGE RESPONDENTS/RESPONDENTS: ------------- 1.ALI.P.U.,S/O.UMMER,PARAKKUNNATH HOUSE, CHELAKULAM, VENGOLA P.O., (VIA) PERUMBAVOOR. 2.KUNJUMON P.M., THANIKKAPARAMBIL, EDAPPALLY. 3.UNITED INDIA INSURANCE CO. LTD. LAYAM ROAD, TRIPUNITHURS-682 301. R3 BY ADV. SRI.MATHEWS JACOB (SR.) R3 BY ADV. SRI.P.JACOB MATHEW THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.1398 OF 2001 (D) ----------------------------------- Dated this the 5th day of February, 2008 J U D G M E N T KOSHY,J. Appellant claimant suffered serious injuries in a motor accident due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. He was a tailor by profession. At the time of accident, he was 48 years old. He was maintaining his family. Tribunal assessed a compensation of Rs.42,000/- and directed the 3rd respondent Insurance company to deposit the amount with interest. Only dispute is regarding the quantum of compensation. 2. At the time of accident, claimant was only 48 years old. It has come out in evidence that he was a tailor by profession. He claimed Rs.3,500/- as the monthly income. Even if he was an earning manual worker, in Kerala he may get Rs.100/- per day and he may get 25 to 28 days work in a MFA.1398/01 2 month. Tribunal only fixed Rs.1,500/- as his monthly income. Since he was a tailor by profession, we are of the opinion that tribunal ought have fixed atleast Rs.2,500/- as the monthly income. 2. As far as the injuries are concerned, Ext.A4 certificate shows the following injures: 1. Depressed fracture medial tibial condyle (L) side. 2. Haemarthrosis (L) knee. 3. Fracture (L) fibula. Ext.A6 disability certificate shows 6% disability. According to the claimant, in view of the injuries, he was unable to do any work after the accident and for tailoring work, he has to use his leg continuously and because of the restriction of knee movement and pain, he was unable to do tailoring work and he is entitled to compensation for 100% disability. Tribunal did not grant any compensation for disability. We are of the opinion that atleast 6% ought have been granted. He was 48 MFA.1398/01 3 years old and as per the 2nd schedule, 13 is the apt multiplier. If that be so, compensation payable for permanent disability and loss of earning power will be Rs.2,500 x 12 x 13 x 6/100 = Rs.23,400/-. Tribunal found that he was under treatment for five months and unable to do any work and for loss of earning Rs.7,500/- was granted. Taking Rs.2,500/- as the monthly income he is entitled to Rs.5,000/- more on that head. Even though it was contended that no amount was granted for continuous medical expenses actual medical bills were reimbursed. It is submitted that during the pendency of the appeal, he died after eight years of the accident. Even though it was contended that due to the after effects of the accident he is unable to earn any money as it has accelerated to the death. In any event, it is seen that he is the sole bread winner of the family. We have calculated compensation on the basis of injures suffered by him. Thus the additional amount comes to Rs.28,400/-. The legal representatives included are wife and four children. Out of which, at the time of his death one daughter was unmarried and it is submitted that still she is unmarried especially because of lack of any support. MFA.1398/01 4 Considering the facts and circumstances of the case, the additional amount of Rs.28,400/- 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. We direct the 2nd additional appellant, that is, widow and the 6th appellant unmarried daughter to withdraw the amount in equal proportion. With the above observations this appeal is partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.1398 OF 2001 () ----------------------------------- J U D G M E N T 5th day of February, 2008