IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 MFA.No. 273 of 2001() --------------------- OPMV.495/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT: ----------- PREMACHANDRAN, SO. BHARATH PREMJI (M.P.BHATTATHIRIPPAD), RESIDING AT MULLAMANGALATHU MANA, POONKUNNAM, THRISSUR. SUPPL.2. ARYA ANTHARJANAM, MOTHER OF LATE PREMACHANDRAN. 3. SANTHA, WIDOW OF PREMANCHANDRAN. 4. M.P.NAVEEN, S/O. LATE PREMACHANDRAN ALL ARE RESIDING AT MULLAMANGALAM, PUNKUNNAM, THRISSUR-2. SUPPL. PETITIONERS ARE IMPLEADED AS PER ORDER DATED 9-1- 2008 in IA No.76/2008 BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON RESPONDENTS: ------------- 1. DIVAKARAN, S/O. ELAMPLAVIL CHANDRAN, RESIDING AT PAPPINISSERY AMSOM, KAECHERI, THRISSUR. 2. LISHOY V.P.G., S/O. GOPALAN, RESIDING AT VALIYAPARAMBIL PANDIJATTAYIL, C/O.YAMUNA ENTERTAINERS, THRISSUR-6. 3. P.K.VALSAN, C/O. YAMUNA ENTERTAINERS, THRISSUR-6. 4. MANIYAMBARA VIJAYAN, S/O. OTHENAN, RESIDING AT THALIPARAMBA AMSOM, KUPPAM. 5. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH THRISSUR. 6. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH MATTANCHERY, KOCHI. BY ADV. SMT.M.R.VALSA FOR R2 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R6 SRI.GEORGE CHERIAN FOR R5 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 9-1-2008 , THE COURT ON 09/01/2008 DELIVERED THE FOLLOWING: J.B. Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A. No. 273 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January,2008 JUDGMENT Koshy, J. Appellant/petitioner suffered injuries in a motor accident due to the negligence of the driver of the vehicle insured by the 5th respondent Insurance Company. The appellant was travelling from Thrissur to Kanhangad and the accident occurred when the van which he was travelling hit by a stage carriage. Both vehicles were insured by the same Insurance Company. It was found that the driver of the van was negligent and it was insured by the 5th respondent Insurance Company. As a result of the accident, the appellant suffered the following injuries:- i. Fracture of tibia; ii.Cut injury in front of right pinna; iii.Swelling and tenderness to right limb; iv.Lacerated wound on right leg and v. Abrasion on the left leg.” He was admitted to Abraham Memorial Hospital, Thaliparamba and MFA 273/01 2 thereafter referred to West Fort Hospital, Thrissur. He was an inpatient in the hospital for about nine days. He was put on plaster and under treatment for several days. As a result of the accident, movements of the right knee was painful and it was restricted. Disability certificate Ext.A15 shows that there is 20% disability. 2. As far as the appellant is concerned, he is a cine artist. He was also appearing in many T.V. series. He had a major role in a film. It is submitted that as a result of the accident, he had to cancel a contract for going in a film for a total emolument of Rs.2 lakhs and the contract was produced as Ext.A9 series. After the accident, he was unable to do any major role in the film. Of course in minor roles, he was getting on compassionate ground on very few films. During the pendency of the appeal, he died. There is no evidence in this case to show that the death was an after effect of the accident. We are of the opinion that 20% disability assessed by the doctor should not have been disturbed by the tribunal. If the medical certificate was not accepted, the tribunal should have sent the victim to the Medical Board for assessing the disability. The tribunal has assessed 3,000/- as monthly income. The accident occurred on 11-11-1995. He did not produce any statement to MFA 273/01 3 show that he was an income-tax assessee. We are of the view that no interference is needed in the assessment of income by the tribunal. He was 47 years old at the time of the accident and 13 as the multiplier having guidance of the Second Schedule. If that be so, the compensation will be payable Rs.3,000 x 12 x 20/100 x 13 = Rs.93,600/-. The tribunal has awarded Rs.25,000/- as loss of earning power and Rs.40,000/- for disability. Thus, Rs.65,000/- was granted for disability and consequential loss of earning capacity. Therefore, balance compensation will be Rs.28,600/-. The additional amount of Rs.28,600/- should be deposited by the 5th respondent Insurance Company with 7.5 % interest from the date of application till its deposit over and above the amount decreed by the tribunal. On deposit, wife and child of the deceased victim (Supplementary appellants 3 and 4) are allowed to withdraw the amount in equal proportion. The appeal is partly allowed. J.B. Koshy, Judge. K. Hema, Judge. mn. MFA 273/01 4