IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 MFA.No. 882 of 2002() --------------------- OPMV.190/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: (PETITIONER IN O.P.(M.V): ----------------------------------------------- DIVAKARAN, S/O.KORU, POTTACKAL HOUSE, KADUPPISSERY P.O., MUKUNDAPURAM. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: (RESPONDENTS 1 TO 3 IN O.P.(MV): ------------------------------------------------------------ 1. ASIYA P.V., PUTHIYA VEETTIL HOUSE, KADAPPURAM P.O. 2. SREEJU, S/O.KOCHUKULAM HARIDAS, THURAVANKADU, PULLOOR P.O. 3. ORIENTAL INSURANCE COMPANY, KUNNAMKULAM. R2 BY ADV. SRI.M.C.GOPI R3 BY SRI.V.P.K.PANICKER THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.882 OF 2002 (C) ----------------------------------- Dated this the 1st day of January, 2008 J U D G M E N T KOSHY,J. Appellant claimant met with a motor accident and he sustained compound fracture of right tibia. He claimed a compensation of Rs.1,00,000/- contending that accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. Tribunal awarded only Rs.80,000/- as compensation. Only quantum of compensation is disputed in this appeal. 2. Ext.A4 is the disability certificate, which shows that he has got 30% disability. Tribunal awarded compensation for 15% disability only. Since there is only compound fracture of the tibia, we are of the opinion that more than 15% disability need not be taken into account and exaggerated certificate cannot be relied on. Disability certificate is not tally with the MFA.882/2002 2 injuries mentioned in the wound certificate or treatment records (See A1, A2 and A4). We note that only Rs.1,500/- was taken as the monthly income. Appellant was a 40 year old man. He was an Electrician by profession. According to him, he was getting Rs.2,700/- per month. There is no acceptable evidence to prove his income. Considering the fact that he was maintaining a family and he was an electrician by profession and accident happened in the year 1994, we fix his monthly salary as Rs.2,000/- and if that be so, compensation payable for loss of earning will be Rs.2,000 x 15/100 x 12 x 15 = Rs.54,000/-. Tribunal has granted Rs.40,500/- only as compensation for loss of earning. Hence additional compensation claimant will be entitled to for disability and loss of earning capacity is Rs.13,500/-. We are of the opinion that just and reasonable compensation was granted under other heads. Tribunal found that he was under treatment for four months and for loss of earning for the above period Tribunal has granted Rs.6,000/- taking Rs.1,500/- as the monthly income. Since we increased the monthly income to Rs.2,000/- he is entitled to another Rs.2,000/- more. So the additional compensation he is entitled will be Rs.15,500/-. The above additional amount of Rs.15,500/- should be deposited by the MFA.882/2002 3 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit and on deposit of the above, appellant is entitled to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.882 OF 2002 (C) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 1st January, 2008