IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 MACA.No. 1278 of 2004 C ----------------------- OPMV.1686/1999 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): PETITIONER. ----------------------------------------- JIJU THOMAS, S/O.THOMAS, MUNDAKKAL, KAIPUZHA, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): RESPONDENTS. ------------------------------------------------- 1. C.P.JAYARAJ, S/O.PURUSHOTHAMAN, SREE NARAYANIYIL KAKKAD ROAD, THANA. ( 2. GURUSWAMY, S/O.AYYAPAN CHETTIAR, 3-A, SANKARI ROAD, RAMAKRISHNAPURAM, GANAPATHY POST, KOVAI.) (THE SECOND RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER ORDER IN IA.NO.1860/09 DATED 17.7.2009) 3. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY, CHITTOOR, PALAKKAD. ADV. SRI.A.C.DEVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ------------------------------------------ M.A.C.A. NO. 1278 OF 2004 C ------------------------------------------ Dated this the 17th July, 2009 JUDGMENT K.M. Joseph, J. Appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act. The tribunal has awarded a total sum of Rs.55,980/=. The tribunal has awarded Rs.24,480/= on the basis of 8 per cent disability on the basis of Ext.A14 Certificate wherein the disability is certified as 12 per cent. The tribunal has also awarded a further sum of Rs.10,000/= towards loss of earning power. The tribunal has awarded a further sum of Rs.12,000/= towards pain and suffering. Towards transportation charges, Rs.300/= was awarded. No amount is awarded towards bystander expenses. Towards loss of earning, Rs.4,500/= is granted. Smt. Ruby K. Jose, learned counsel for the appellant would submit that the compensation awarded is MACA.NO.1278/04 2 meagre. She would submit that the appellant was in hospital for ten days as an inpatient. The accident took place on 2.3.1999. 2. Learned counsel for the respondent Insurance Company supported the award. Learned counsel for the appellant would contend that the amount awarded towards disability is on the lower side. She would contend that the Certificate issued shows 12 per cent disability, but only 8 per cent is taken. She further points out that the appellant was earning his livelihood as a taxi driver and at least Rs.100/= per day should have been taken as income, but only Rs.1500/- is taken. She further submits that no amount is awarded towards bystander expenses and also that the amount awarded towards transportation is very low. 3. As far as the first question regarding the income, we feel that having regard to the year of the accident and the vocation of the appellant, we can take the income at Rs.2,000/= per month. We are not persuaded to hold that the per centage of MACA.NO.1278/04 3 disability arrived at is to be increased having regard to the injuries. This is not a case where the appellant is disabled from discharging his vocation as such. Applying the income of Rs.2000/= per month, the appellant would be entitled to Rs.34,560/=. The appellant is already awarded Rs.24,480/=. We also notice that the appellant was awarded a further sum of Rs.10,000/= towards loss of earning power. A Full Bench of this Court has held that no amount can be awarded towards loss of earning power, when disability is awarded. After deducting Rs.24,480/= and Rs.10,000/= awarded towards loss of earning power, the appellant would be entitled to only Rs.60/= more. However, we feel that the appellant can be given a sum of Rs.5,000/= more towards pain and suffering. We also feel that the appellant should be awarded a sum of Rs.1,000/= towards bystander expenses, as the appellant was hospitalised for ten days. Further, we also feel that the appellant can be awarded Rs.700/= more towards transportation charges. Accordingly, the Appeal is allowed in part and the appellant is allowed to realise MACA.NO.1278/04 4 an amount of Rs.6,760/= which is rounded off to Rs.7,000/= more with interest at 7.5 per cent from the date of the petition till the date of realisation from the third respondent Insurance Company. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge