IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 MFA.No. 458 of 2003(F) ---------------------------------- OPMV.1318/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT: PETITIONER ---------------------------------- K.P.BALAKRISHNAN, S/O.RAMAN NAMBUDIRI, FISHARAM, KATTUSSERRY, ALATHUR, PALAKKAD. BY ADV. SRI.D.ANIL KUMAR RESPONDENTS: RESPONDENTS ------------------------------------------- 1. RADHAKRISHNAN, S/O.RAMAN, POOLAKANNATH VEEDU, VILAYANCHATHANOOR, (DRIVER OF THE KRP 5400 BUS) 2. BHAGYALAKSHMY, D/O.ACHUTHAMENON, RANGATH HOUSE, VILAYANCHATHANOOR, VILAYANOOR P.O., PALAKKAD. 3. UNITED INDIA INSURANCE CO.LTD., KURUPPAM ROAD, TRICHUR (INSURER OF KRP 5400 BUS). 4. NARAYANANKUTTY, S/O.KRISHNANKUTTY NAIR, ALINKAL VEEDU, PERUMKULAM, (DRIVER OF AUTORIKSHAW KL - 9/3482). 5. BALAKRISHNAN, S/O.PONNU, NADUKANNI, ALATHUR, (OWNER OF AUTORIKSHAW KL-9/3482). 6. NEW INDIA ASSURANCE CO.LTD.M.A.LANE, T.B.ROAD, PALAKKAD POLICE NO.1176/10/52754, CERTIFICATE 3176/10/3586/31.3.94 VALID FROM 27.5.98 TO 26.5.94 (INSURER OF AUTORIKSHAW KL-9/3482). 7. SUPPL. M.PRABHAKARAN, S/O.PRABHAKARAN NAIR, MANIKKANCHERATH HOUSE, KILLINANGALAM P.O. TRICHUR (OWNER OF KRR 5400 BUS) 8. SUPPL. VIJAYAKUMARI, W/O.LATE BALAKRISHNAN, NEDUNGAD BANK ROAD, ALATHUR. (IMPLEADED AS PER ORDER IN I.A.3624/99). 9. SUPPL. NISHA, D/O.VIJAYAKUMARI, (MINOR) AGED 10 YEARS, NEDUNGAD BANK ROAD, ALATHUR. 10. SUPPL. ASHA (MINOR) D/O.VIJAYAKUMARI, NEDUNGAD BANK ROAD, ALATHUR, AGED 8 YEARS, (IMPLEADED AS PER ORDER IN I.A.3624/99). 11. SUPPL. GISHA, (MINOR) D/O. -DO- -DO- AGED 4 (IMPLEADED AS PER ORDER IN I.A. 3624/99). BY ADV. SRI.VPK.PANICKER FOR R6 SRI.P.R.VENKETESH FOR R8 TO R11 SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.GOPALAKRISHNA MENON FOR R7 SRI.M.JITHESH MENON FOR R7 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vsv J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A. No. 458 of 2003 --------------------------------------- Dated this the 26th day of June, 2008 Judgment Koshy,J. Appellant/Claimant sustained injuries in an accident on 7.1.1994. He claimed an amount of Rs.Two lakhs as compensation. Tribunal awarded only Rs.18,750/- as compensation. Only quantum of compensation is disputed in this appeal. The tribunal found that the accident occurred due to the negligence of the driver of the autorickshaw owned by the fifth respondent and driver of the bus owned by the second respondent and, therefore, compensation amount was directed to be paid in equal proportion by third and sixth respondent insurance companies, but, at the same time, since the driver of the autorickshaw was not having a driving licence, sixth respondent insurance company was directed to pay the amount and and to recover the same by the insured. The only question in dispute is regarding the quantum of compensation. 2. Claimant was an advocate's clerk with few years' of practice. Rs.2,000/- was fixed as the monthly income. The accident occurred in 1994. In the above circumstances, we are of the opinion M.F.A.No. 458/2003 2 that no enhancement is required in the monthly income. As regards the injuries are concerned, originally, he was admitted in the Medical College Hospital, Thrissur. He was an inpatient there for six days and there was suspected fracture of skull. Ext.A5 shows that he was again admitted on 9.1.1994 and discharged on 14.1.1994. He was admitted thereafter also. Ext.A6 discharge certificate shows that there was fracture in the right patella and right radius. Medical certificate shows that there is 7% disability. It is the contention of the claimant that being an advocate's clerk, fracture of forearm really affects his work. He had a fracture of patella also which makes problem consistently. He was aged 40 at the time of accident and 16 is the multiplier taking guidance from the second schedule. Taking all these aspects into consideration, we are of the view that compensation ought to have been granted at least for 5% disability. If that be so, compensation payable will be Rs.2000 x 12 x 5 x 16= 100 Rs.19,200/-. For actual loss of earning for one month, we award another Rs.2,000/-. So, additional compensation payable will be Rs.21,200/-. The above Rs.21,200/- should be deposited in equal proportion by third and sixth respondents with 7% interest from the date of application till its deposit over and above the amount M.F.A.No. 458/2003 3 decreed by the tribunal. Sixth respondent insurance company will be free to recover the amount paid from the fifth respondent, owner of the autorickshaw, the insured in view of the violation of the policy conditions. The appeal is allowed partly. J.B.Koshy Judge P.N.Ravindran Judge vaa M.F.A.No. 458/2003 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.F.A. No. 458 of 2003 ------------------------------------- Judgment Dated:26th June, 2008