IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 MFA.No.431 of 2003 ------------------------ OPMV.736/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: PETITIONER: ------------------------------ JOSE M.A., S/O. AUGUSTHY, MULLAMPALLIYIL HOUSE, POZHUTHANA, IDIYAMVAYAL, VYTHIRI TALUK, WAYANAD. BY ADV. SRI.LLOYD JOSEPH VIVERA SRI.C.A.CHACKO RESPONDENTS: RESPONDENTS: ------------------------------------- 1. SREEDHARAN, DRIVER, K.S.R.T.C. DEPOT, KALPETTA. 2. GENERAL MANAGER, K.S.R.T.C., TRIVANDRUM. ADV. SRI.JOYHNSON P JOHN, SC KSRTC THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.F.A.No.431 of 2003 --------------------------------- JUDGMENT Balachandran, J. The appellant/claimant sustained injuries on 16.5.1994 while travelling as a passenger in a KSRTC bus when the driver swerved the bus in a rash and negligent manner and he was thrown down on to the road. He claimed by way of damages an amount of Rs.1,50,000/- from the respondents. The Tribunal awarded a total amount of Rs.20,700/- by way of compensation. The claim in this appeal is for enhancement of the amount awarded by the Tribunal. Therefore, we are considering only that aspect in this appeal. 2. The appellant/claimant was aged 25 at the time of the accident. Though the accident has taken place on 16.5.1994, the Tribunal has fixed the notional income of the appellant at Rs.700/- per month. Even for a non earning person, the MFA 431/03 2 notional income, as provided under the second schedule to the motor Vehicles Act, is Rs.15,000/- per annum. We adopt that as the notional income of the appellant. The Tribunal has awarded Rs.1,400/- towards loss of earnings for two months. As we have raised the notional income to Rs.1,250/- per month, the amount due towards loss of earnings will be Rs.2,500/-. Therefore, the appellant is entitled to get an additional amount of Rs.1,100/- on that count. The appellant sustained the following injuries: “Abrasion over left shoulder, fracture left temporal bone, lacerated injuries on the back side of the head and lacerated injury on the forehead.” 2. It is contended by the learned counsel for the appellant that towards permanent disability and loss of earning power, the amount awarded is only a MFA 431/03 3 meagre sum of Rs.10,000/- and that the said sum requires enhancement. PW1, Dr.Bhargavan, an ENT Surgeon, has certified vide Exhibit A1 that the appellant has got permanent disability of 22.5%, as he was having a heavy loss of 65 decibels for the left ear. It is true that the said disability is only in relation to the hearing capacity and that cannot be taken as the whole body disability. However, considering the entire aspects of the case and the injuries sustained to the appellant, we are of the view that at least 10% disability should be taken as the whole body disability for the purpose of awarding compensation. Hence, the compensation for permanent disability and loss of earning power will be Rs.25,500/- (15000 x 10/100 x 17), as 17 is the apt multiplier. Though it is argued by the learned counsel for the appellant that compensation awarded under other heads are also meagre, we are of the view that considering the total compensation awarded, there is no necessity to enhance the same. MFA 431/03 4 Deducting Rs.10,000/- awarded by the Tribunal for disability and loss of earning power, the balance amount due will be Rs.15,500/- and adding up also the enhancement in the loss of earning power for two months, viz., Rs.1,100/-, the additional compensation due to the appellant by way of compensation will be Rs.16,600/-. The above amount of Rs.16,600/- shall be deposited by the second respondent within two months from today with 7% interest from the date of application till its deposit. On deposit of the amount, the appellant is allowed to withdraw the same. Appeal is allowed in part. (J.B.Koshy, Judge) 21st October, 2008 (K.P.Balachandran, Judge) tkv MFA 431/03 5 J.B.Koshy & K.P.Balachandran, JJ. --------------------- M.F.A.No.431 of 2003 --------------------- JUDGMENT 21st October, 2008