IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 MACA.No.132 of 2003 (D) ------------------------------ OPMV.369/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER: ------------------------------- PRAMOD KUMAR. K.S., S/O. SUKUMARAN, KOYLOMKUNNU HOUSE, KARADIPPARA P.O., AMBALAVAYAL. BY ADV. SRI.RONY J.PALLATH RESPONDENTS: RESPONDENTS: ------------------------------------- 1. SIDDIQUE, S/O. ABDULLA, PANANGADAN HOUSE, THALOOR P.O., CHULLIYODE, NENMENI VILLAGE, BATHERY TALUK. (DRIVER-CUM R.C.OWNER OF KL 12/A.5920 AUTO). 2. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, NOORANAL BUILDINGS IIND FLOOR, MAIN ROAD, SULTHAN BATHERY. ADV. SRI.MATHEWS JACOB (SR.) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A No.132 of 2003 ------------------------------------------------ Dated this the 29th day of October, 2008 JUDGMENT Balachandran, J The appellant who himself is an autorickshaw driver, aged 25 years met with a motor vehicle accident and sustained injuries while he was travelling in autorickshaw owned and driven by the first respondent and insured by the second respondent. He claimed a total compensation of Rs.1,50,000/- as against which the Tribunal awarded a total compensation of Rs.40,500/-. This appeal is filed claiming enhancement in compensation and we are considering that aspect alone. 2. It is the case of the appellant that he is an autorickshaw driver by profession and is earning a monthly income of Rs.4,000/-. The Tribunal estimated his income notionally at M. A. C. A No.132 of 2003 -2- Rs.2,500/- for want of proof of the income alleged. Ext.A4 disability certificate is certifying that the appellant has sustained permanent disability of 6%. However, without adopting any scientific data the Tribunal has by a rough and ready calculation awarded compensation of Rs.15,000/- only to the appellant towards permanent disability and loss of earning power. As regards the permanent disability assessed at 6% the Tribunal has observed that the said disability will adversely affect his earning capacity and amenities of life at least to some extent. The Tribunal which has discussed the evidence in the case was also not of the view that the percentage of disability assessed at 6% is excessive. We are of the view that the 6% disability certified under Ext.A4 disability certificate has to be accepted for awarding compensation for disability and loss of M. A. C. A No.132 of 2003 -3- earning power. When so assessed taking the monthly income as Rs.2,500/- and multiplier 17, the compensation due to be paid to the appellant for permanent disability and loss of earning power will be Rs.30,600/- (2,500 x 12 x 6/100 x 17). The Tribunal has awarded only an amount of Rs.15,000/- under this head. Hence, the appellant will be entitled to additional compensation of Rs.15,600/- on that count. Considering the injuries sustained to the appellant which takes in also fracture of 3rd and 4th metatarsal and considering also the avocation of the appellant as an autorickshaw driver, we are of the view that over and above the loss of earnings for two months awarded by the Tribunal a sum of Rs.2,500/- more has to be awarded to him by way of loss of earnings for one more month. Thus the additional compensation due to the appellant is Rs.18,100/-. The above amount M. A. C. A No.132 of 2003 -4- shall be deposited by the second respondent/ Insurance Company with interest at 7.5% per annum from the date of application till the date of deposit within two months from today. On such deposit the appellant shall be entitled to withdraw the same. 3. The appeal is thus, allowed in part. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-