IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 MACA.No. 476 of 2004() ---------------------- OPMV.750/1997 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: --------------------------- S.SREEKANTH, AGED 34 YEARS, SON OF V.SUBRAMANIAM, INDIRA HOUSE, CHERUPARAMBATHU II CROSS ROAD, KADAVANTHRA, COCHIN-20 BY ADVS. MR. ANIL S.RAJ MS. K.N.RAJANI MS. NITHYA.K. RESPONDENT(S): RESPONDENTS: ------------------------------------- 1. THE MANAGING PARTNER, M/S. KISMATH ROADWAYS, MARKET ROAD, ERNAKULAM. 2. P.T.RAMAKRISHNAN, S/O. SANKARAN, PADINJARE THURUTHY HOUSE, NEAR MURAD BRIDGE, IRUNNUR AMSOM DESOM, KOYILANDI TALUK, KOZHIKODE DISTRICT. 3. THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY THE REGIONAL MANAGER, COCHIN-35 4. V.SUBRAMANIAN S/O. VENKITACHELAM, MANAMEL HOUSE, THAIKKOODAM, COCHIN-19 5. THE UNITED INDIA INSURANCE CO. LTD.,TRIPUNITHURA. ADVS. MR. M.A.HAKIM SHAH FOR R5 MR. MATHEWS JACOB, SENIOR ADVOCATE FOR R3 MR. P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- M.A.C.A. No.476 of 2004 ---------------------------------- Dated this the 8th day of March, 2010 J U D G M E N T ---------------------- Abdul Rehim, J. Claimant is in appeal seeking enhancement of the compensation awarded. The accident occurred on 20.4.1996 when a lorry collided with the scooter on which the appellant was riding. The appellant sustained severe crush injury on the upper third of his left leg with avulsion of skin and muscles and exposure of bones. He had also sustained a crush injury on the posterior aspect of lower third of left thigh with exposure of femur bone which had a fragmented fracture. The appellant had also sustained a penetrating bleeding injury on the middle of right thigh. He continued prolonged treatment. The injuries sustained to the appellant had resulted in permanent partial disability which is assessed at 25% by the Medical Board, as evidenced from Ext.A12 certificate. 2. The appellant claimed that he was working as a Yoga Trainer and was earning monthly income @ Rs.8,000/-. MACA.476/04 2 In the absence of any reliable evidence in proof of the income, the learned Tribunal adopted monthly income of the appellant at Rs.3,000/- on a moderate estimation, for the purpose of computing compensation. We do not find any reason to modify the decision. 3. Considering evidence on record, the Tribunal accepted permanent partial disability of the appellant as 25%. But while fixing compensation on account of permanent disability, it seems that there occurred a mistake in computation. There is an omission to multiply the income with the multiplier of 12, adopted by the Tribunal. Learned counsel appearing for the appellant contended that the multiplier adopted at 12 is erroneous and the correct multiplier to be adopted as per schedule appended to Section 163A is 18. It is noticed that the appellant was aged 26 years at the time of the accident. Hence we are of the opinion that the correct multiplier to be adopted is 18. Calculated on the above basis the amount to be awarded under the head of compensation for permanent disability is Rs.1,62,000/- (3000 x 12 x 18 x 25%). Therefore the appellant is entitled for an additional sum of Rs.72,000/- MACA.476/04 3 (Rs.1,62,000/- - Rs.90,000/-) under that head. 4. On an evaluation of the award we are convinced that reasonable amounts had already been granted under different other heads, which needs no interference. 5. In the result the appeal is allowed in part enhancing the total compensation of Rs.4,02,000/- awarded by the Tribunal by a further sum of Rs.72,000/- which will carry interest @ 9% per annum from the date of the claim petition till realisation. Parties are directed to suffer their respective costs. The 3rd respondent is directed to make deposit of the amount within 2 months from the date of receipt of a copy of this judgment. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb