IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 MACA.No. 63 of 2003() --------------------- OPMV.558/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: --------------------------- K.M.HASHIR, S/O. MAYANKUTTY METHAR, MATHAR HOUSE, KUTTAMESSERI, THOTTUMUGHAM, ALWAYE. BY ADV. SRI.T.K.VIPINDAS SRI.BIJU KURIAKOSE RESPONDENT(S): RESPONDENTS: ---------------------------- 1. JACOB MANI, MANAGING PARTNER M/S SUPER ROADWAYS, XL/1698, T.A.BEERANKUNHI ROAD, KOCHI-18. 2. THE ORIENTAL INSURANCE CO.LTD., EDAPPALLY BRANCH, GOURI KESAVAN CENTRE, EDAPPALLY, KOCHI-18. 3. VIJU ABRAHAM, VALLANPARAMBIL HOUSE, PAZHAVANGADY P.O., RANNY, KOTTAYAM DISTRICT. 4. YOHANNAN, KAVUNGAL HOUSE, MUKKADA DESOM, MANIMALA, KOTTAYAM DISTRICT. 5. THE ORIENTAL INSURANCE CO.LTD., NADUVELIL BLDGS, PAZHAVANGADI P.O. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R2,R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ---------------------------------- M.A.C.A. No.63 of 2003 ---------------------------------- Dated this the 28th day of August, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. The claimant in O.P.(MV).558/1995 on the files of Motor Accidents Claims Tribunal, Irinjalakkuda is in appeal seeking enhancement of the compensation awarded. The accident occurred on 23.4.1994 when a Lorry hit against a Car in which he was travelling. The Tribunal found that the drivers of both the vehicles were negligent and apportioned the ratio of negligence at 70%:30% between the driver of the Lorry and the driver of the Car, respectively. The Tribunal awarded a total compensation of Rs.1,26,800/-. Out of the said amount 70% was directed to be paid by the owner, driver and insurer of the Lorry and 30% was directed to be paid by the owner-cum-driver and insurer of the Car. 2. The appellant sustained severe injuries like, fracture to scalp, class-III fracture of 4 teeth, fracture shaft of left femur, Cerebral concussion and Oedema, etc:. He underwent prolonged treatment both as inpatient and outpatient. The petitioner was aged 25 years at the time of accident. Even before the accident he was suffering from post polio paralysis. He was a student of MACA.63/2003 2 L.L.B. at the time of accident. Further he was working as a Sub Broker at Cochin Stock Exchange. Ext.A21 is the certificate to prove his occupation as a Sub Broker which revealed that he was earning an amount of Rs.3500/- per month during that time. Various other certificates of merit and brilliance in academic and co-curricular activities were also produced. The injuries sustained to the appellant had resulted in causing persistent disability, in addition to the disability existed. The appellant is now walking with the help of elbow crutches. Ext.A12 Disability certificate issued by the Medical Board was proved in evidence through PW3 Doctor. The extent of disability was assessed as 50%. Evidence was adduced to the effect that the appellant discontinued studies due to the accident and he could not attend the final year L.L.B. Examination during that time. The Tribunal, adopting monthly income of the appellant as Rs.1000/- computed compensation of permanent disability taking multiplier of 17 and 20% disability. 3. Heard the learned counsel for the appellant and Standing Counsel for insurance company. It is contended by the appellant that the monthly income of Rs.1000/- adopted, inspite of proof regarding income as Sub Broker in Stock Exchange, is highly unrealistic and inadequate. It is further contended that the correct multiplier ought to have been adopted is 18. Further contention is that the amounts awarded under the head of pain MACA.63/2003 3 and suffering and loss of amenities, discomforts and inconvenience, are highly on the lower side. It is also contended that considering the permanent disability the amount awarded towards expenses for future treatment and for future care is on the lower side. 4. The appellant had produced copies of some additional documents along with a petition, I.A.No:2452/09, to receive the same. On a perusal of the additional documents we notice that the appellant had passed L.L.B. examination only during March 2008 and he had enrolled as an Advocate only in May 2009. 5. On an anxious consideration of the impugned award and on evaluating the evidence on record we are persuaded to hold that the income adopted by the Tribunal is highly on the lower side. Eventhough the Share Broker who had issued the certificate was not examined, it is evident that the appellant was working as a Sub Broker under a Share Broker at Cochin Stock Exchange during that relevant time. Therefore we are inclined to adopt monthly income of the appellant at Rs.3000/-, on a moderate estimate. The correct multiplier to be adopted considering his age is 18. Calculated on that basis the appellant is entitled for compensation under the head of permanent disability and loss of earning power at Rs.1,29,600/- (Rs.3000 x 12 x18 x 20%). This will entitle the appellant for an increase of the compensation by a sum of Rs.88,800/- (Rs.1,29,600 - MACA.63/2003 4 Rs.40,800). The amount of Rs.10,000/- awarded towards loss of amenities, discomforts and inconveniences need be enhanced by a further sum of Rs.10,000/-. So also, for future medical expenses and expenses for future care need be enhanced to Rs.20,000/-, which will entitle the appellant for an addition of Rs.14,000/- (Rs.20000-Rs.6000). We are also inclined to award a compensation of Rs.10,000/- towards loss of studies for a period of one academic year. Thus the appellant is entitled for a total enhancement of Rs.1,22,800/- (Rs.88800 + 10000 + 14000 + 10000). In the result the appeal is partly allowed enhancing the total compensation of Rs.1,26,800/- awarded by the Tribunal by a further sum of Rs.1,22,800/- which will carry interest @ 7.5% per annum from the date of claim petition till payment. The respondent insurance companies will make payment of the amount in the same proportion in terms of the award of the Tribunal, within a period of three months from today. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb