IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 MFA.No. 322 of 2002(B) --------------------------------- OPMV.3258/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: PETITIONER. -------------------- ABDUL RAHIMAN @ RAHIMAN, S/O. KALIYATH MOHAMMADALI, KALIYATH HOUSE, CHAKKAMKANDAM P.O., TRICHUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN SRI.T.VENUGOPALAN RESPONDENTS: RESPONDENTS. ------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM. REPRESENTED BY MANAGING DIRECTOR, KSRTC, TRIVANDRUM. 2. VISWAMBHARAN, S/O. PADMANABHAN, AYYANKULAM, MELOOR, CHALAKUDY P.O. BY ADV. SRI.K.PRABHAKARAN,SC KSRTC THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.F.A. No.322 of 2002 --------------------------------------- Dated this the 6th day of February, 2008 Judgment Koshy,J. Appellant/Claimant met with an accident by which he sustained fracture on his right forearm and right collis. Against a claim of Rs.3,75,000/- the tribunal awarded only Rs.23,900/-. Only quantum of compensation is disputed in this appeal. According to the appellant, he was employed in a private establishment. His qualification is not mentioned. No certificate was produced, but, according to him, he was getting Rs.3,000/- per month. The accident occurred on 28.5.1993. In the absence of evidence, the tribunal took Rs.900/- as the monthly income, but, the tribunal accepted that he was employed in a private firm. He was aged 29 years. In the above circumstances, we fix his monthly income at Rs.1,800/-. He was unable to do any work for four months. The tribunal awarded Rs.3,600/- towards loss of earning for four months. Since we have fixed Rs.1,800/- as the monthly income, the appellant is entitled to Rs.3,600/- more towards loss of actual earnings for four months. It can be seen that even from the medical certificate M.F.A.No. 322/2002 2 produced by the appellant, no permanent disability is assessed and there is no evidence to show that his monthly income was reduced. The tribunal has awarded Rs.7,000/- towards pain and suffering. Another Rs.3,000/- was awarded by the tribunal for loss of amenities, discomforts, after effects due to the fracture and inconvenience together. We are of the opinion that another Rs.3,000/- can be awarded under that head. Therefore, the claimant is entitled to an additional amount of Rs.6,600/- over and above the amount decreed by the tribunal. The above additional amount of Rs.6,600/- should be deposited by the first respondent KSRTC with 7.5 % interest from the date of application till its deposit. On deposit of the amount, the appellant is allowed to withdraw the same. J.B.Koshy Judge K. Hema Judge vaa M.F.A.No. 322/2002 3 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No. 322 of 2002 ------------------------------------- Judgment Dated:6th February, 2008