IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.NO. 228 OF 2005() --------------------------------- OPMV.468/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER: -------------------------------------------------------- MR. K.M. JOSEPH @ BABY, S/O. K.J. MATHEW KOORUMULLAMTHADATHIL HOUSE, PATTITHANAMKAVALA BHAGOM, KIZHAKKUMBHAGOM KARA, ETTUMANNOOR VILLAGE KOTTAYAM DISTRICT. BY ADV. SRI.C.C.PADMAKUMAR RESPONDENT(S) - RESPONDENTS: --------------------------------------------- 1. MR. JOMON JOSEPH, S/O. A.J. JOSE, ANDUKUNNEL HOUSE, KANAKKARI P.O., ATHIRAMPUZHA, KOTTAYAM. 2. MADHU, S/O. MONI, NIRAPPEL HOUSE, PATTITHANAM BHAGOM, KIZHAKKUMBHAGAM, ETTUMANNOOR. 3. THE ORIENTAL INSURANCE CO.LTD., KANJIKUZHY, KOTTAYAM. ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = M.A.C.A. No.228 of 2005 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of November, 2008 J U D G M E N T ---------------------- Koshy, J. Appellant-claimant sustained injuries in a motor accident. He claimed Rs.3,00,000/- as compensation. Tribunal awarded Rs.52,740/- inclusive of reimbursement of medical expenses with 6% interest from the date of application till realisation. The only dispute is regarding the quantum of compensation. 2. Liability of the insurance company is admitted. Age of the appellant at the time of the accident was 46 years and the Tribunal taking guidelines from the Second Schedule of the Motor Vehicles Act adopted 13 as the multiplier. We see no ground to enhance the same. According to the appellant he was a stage carriage driver earning Rs.5,000/- per month. Exhibit A9 is the salary certificate. Since the person who issued the said certificate was not examined, that certificate was not relied on by the Tribunal. According to the counsel for the appellant, Apex Court in New India Assurance Co. Ltd. v. Kalpana (Smt.) & Others (2007) 3 SCC 538) held that in the absence of materials regarding income, Rs.3,000/- can be M.A.C.A. No.228 of 2005 -: 2 :- taken as loss of monthly contribution (after deducting 1/3rd for personal expenses in the case of fatal injury). But in that case a very low multiplier was taken. Since the accident occurred in the year 2000 and he was maintaining his family, we are of the opinion that at least Rs.3,000/- should have been fixed as the monthly income. Accordingly we fix Rs.3,000/- as the monthly income of the appellant. 3. Exhibit A3 is the wound certificate and Exhibit A5 is the discharge card. Exhibit A3 shows that the appellant sustained closed fracture, shaft of femur. It further shows that for about 17 days he was an inpatient in the Medical College Hospital and again he was admitted in that Hospital during 2002 for 12 days for removal of the implant. Since there was fracture of femur he could not do any work for four months. Tribunal has given only two months' actual loss of earnings. Appellant is entitled to get loss of earnings for four months amounting to Rs.12,000/-. Tribunal has awarded only Rs.3,000/- under that count. So appellant is be entitled to get Rs.9,000/- more. Disability certificate shows that there was disability of 11%. Tribunal has accepted the same. Therefore compensation payable towards disability and loss of earning power is Rs.51,480/- [(3000x12x13x11/100]). Tribunal has awarded only Rs.25,740/-. So, M.A.C.A. No.228 of 2005 -: 3 :- additional compensation for disability and loss of earning power is Rs.25,740/-. It is contended by learned counsel for appellant that compensation awarded on other counts are very low. Towards loss of enjoyment of amenities of life no amount was awarded. It is also stated that only Rs.2,000/- was awarded for pain and suffering and transportation expenses. We award Rs.5,000/- more towards pain and suffering, loss of enjoyment of amenities of life and transportation expenses, together. Thus the appellant is entitled to get additional compensation of Rs.39,740/- over and above the amount awarded by the Tribunal. The third respondent is directed to deposit the said amount with 7.5% interest from the date of application till realisation. On such deposit the appellant can withdraw the same. Appeal is allowed in part as above. J.B. KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv M.A.C.A. No.228 of 2005 -: 4 :-