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 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 1178 of 2005() ----------------------- MVOP.112/1999 of MACT, IRINJALAKUDA .................... APPELLANT/PETITIONER: -------------------------------------- MOHANDAS, S/O.VENNUKKARAN RAMAKRISHNAN, CHITTISSERY DESOM, MENMANIKKARA VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. DAMODARAN, S/O. KOVATH PAPPY, AMBALLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT (DRIVER). 2. SIDHARTHAN, S/O.MADATHIPARAMBAN SANKARAN, MAVINCHUVADU DESOM, KALLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT (OWNER). 3. ORIENTAL INSURANCE COMPANY LTD., CITY HEIGHTS BUILDINGS, SOUTH JUNCTION,CHALAKUDY. ADV. SRI.M.JACOB MURICKAN FOR R3 SRI.A.K.RAMACHANDRAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------- M.A.C.A.NO.1178 OF 2005 () ----------------------------------- Dated this the 10th day of November, 2008 J U D G M E N T KOSHY,J. Appellant/claimant at the age of 21, sustained serious injuries in a motor accident. He claimed compensation of Rs.2,40,000/-. But Tribunal awarded only Rs.84,812/- inclusive of reimbursement of medical expenses and found that accident occurred due to the negligence of the driver of the vehicle insured by the Insurance company. The 3rd respondent Insurance company was directed to deposit the above amount. It is the contention of the appellant that he was a coolie getting Rs.4,000/- per month. Tribunal did not believe that version and fixed only Rs.1,500/- as the monthly income. Accident occurred on 5.9.1998. He was a 20 year old youngster. Considering his age and income of a coolie worker in Kerala during those periods, we fix Rs.2,000/- as the monthly income in the absence of any data. It is also MACA.1178/05 2 submitted that shortening of leg by 1 cm, 15% disability was certified by PW2 doctor but only 10% was taken by the Tribunal. We are of the opinion that no interference is required in the above. Tribunal has taken 16 as the multiplier and we are not interfering in the multiplier fixed by the Tribunal. Therefore, compensation payable for disability will be Rs.2,000 x 12 x 10/100 x 16 = Rs.38,400/-. Tribunal has awarded Rs.28,800/- for disability and loss of earning power. Therefore, additional amount payable under this head is Rs.9,600/=. Tribunal has granted Rs.4,500/- towards actual loss of earnings taking into account that for three months he was unable to do any work. Evidence was produced to show that the appellant was again admitted in the hospital. Considering the injuries, we are of the opinion that the appellant was unable to do any work for four months and Rs.8,000/- was awarded for loss of earning taking Rs.2,000/- as monthly income. Hence, he will be entitled to Rs.3,500/- more on that count. He was in the hospital for 44 days. Appellant has produced Rs.30,112/- for medical expenses on the basis of actual bills produced for the inpatient treatment MACA.1178/05 3 for 44 days. During the inpatient treatment, there will be more expenses not covered by the bills. Certificate was produced to show that thereafter also he continued treatment. So, we are of the opinion that another Rs.5,000/- shall be given for treatment and incidental expenses. Hence, appellant is entitled to an additional compensation of Rs.18,100/- for disability and loss of earning power. The above amount of Rs.18,100/- 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. On deposit of the amount, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE prp