IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MACA.No. 429 of 2003 (D) ------------------------------------ O.P(MV).NO.720/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM. .................... APPELLANT/PETITIONER: ------------------------------------- P.RAMASWAMY, S/O PALANISWAMY, PUTHUR P.O., VIA. AGALI, MANNARKKAD. BY ADV. SRI.C.RAGHAVAN. RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. L.RAVICHANDRAN, 105 POLICE, KANDASWAMY STREET, RAMANATHAPURAM, GANESAPURAM, COIMBATORE (OWNER OF AMBASADDER CAR, NO.T.N.37 P-9797). 2. S.K.NAGARAJ, S/O. KARUPPAYYA PILLAI, 279(A), MASEYAMMAL LAY OUT, SIVANATHAN STREET, COIMBATORE (DRIVER OF AMBASSADOR CAR NO.T.N.37/P 9797). 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, 448A, DR.NANJAPPA ROAD, COIMBATORE - 641 018, INSURER OF AMBASSADOR CAR NO.T.N.37/P-9797. ADV. SMT.P.K.SANTHAMMA FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.429 OF 2003 ------------------------------------- Dated 13th October, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained injuries in a motor accident on 28.2.2000. He claimed a compensation of Rs.1,30,000/= alleging negligence on the driver of the vehicle insured by the third respondent insurance company. The Tribunal awarded only Rs.37,000/= and directed the third respondent insurance company to deposit the amunt finding negligence on the part of the driver of the vehicle insured by the third respondent insurance company. The only dispute in this appeal is regarding the quantum of compensation. 2. Appellant was aged 20 at the time of the accident. No clear evidence was adduced regarding his income. In the above circumstances, only notional income as per the second schedule can be fixed. Therefore, we fix Rs.15,000/= as the annual notional income. Ext.A7 is the discharge card issued from the Government hospital which shows that there was fracture of both bones of the left leg. The discharge card further shows that he was continuously treated and the doctor examined him on 3.4.2000, 8.5.2000 and 14.7.2000. Because of the fracture the appellant MACA.No.429/2003 2 was unable to walk properly at least for a period of four months. The Tribunal awarded Rs.4,000/= for actual loss of income for four months. He was put on plaster caste for four months and a bystander was necessary. Taking Rs.1,250/= as the notional monthly income, for four months he will be entitled to Rs.5,000/= for actual loss of income. So, the additional amount payable under this head will be Rs.1,000/=. Even though he was treated for a long period, only an amount of Rs.1,500/= was granted towards hospital expenses, by- stander's expenses etc. We are of the view that Rs.2,500/= more should be granted for hospitalisation, bystander's expenses etc. With regard to permanent disability, doctor certified that he has 50% disability. Ext.A9 is the disability certificate issued by the doctor, but, the doctor was not examined. The Tribunal noticed that even for amputation below knee 50% is fixed as the disability and, therefore, the Tribunal correctly discarded the medical certificate. But, the medical certificate shows that there was mal union and difficulties in walking. He sustained injuries at the age of 20. He has to carry on his difficulties till the end of his life. Therefore, we are of the view that compensation ought to have been awarded at least for 10% disability. If that be so, compensation payable for disability and loss of earning power will be Rs.25,500/= (15000 x 17 x 10). 100 The Tribunal has awarded only Rs.10,000/= for permanent MACA.No.429/2003 3 disability and loss of earning capacity. So, the appellant will be entitled to an additional amount of Rs.15,500/= under that head. Therefore, the total additional compensation payable will be Rs.19,000/=. The above amount of Rs.19,000/= should be deposited by the third respondent insurance company with 9% interest from the date of application till its deposit, over and above the amount decreed by the Tribunal. The appeal is partly allowed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks