IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 127 of 2003 ----------------------------------- OPMV.936/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER: VIJAYAKUMAR, S/O. VELU, POLLALATH HOUSE, EDIKKURA, THALAPUZHA P.O., MANANTHAVADY. BY ADV. SRI.LALJI P.THOMAS RESPONDENTS/RESPONDENTS: 1. P.V.ASHRAF S/O. P.V.KUNHAMMED, PUTHIYAVALAPPIL HOUSE, THAZHANGADI, MANANTHAVADY POST. 2. MAHESH P.V. S/O. NARAYAN KURUP, ASWATHI NIVAS, PERUVAKA, ARATTUTHARA P.O., MANANTHAVADY. 3. NATIONAL INSURANCE CO. LTD., KALPETTA BRANCH. 4. K.E.VARGHESE S/O. ELIAS, KAPPANKUZHIYIL HOUSE, MOOLANKAVU, S.BATHERY. ADV. SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.127 of 2003 --------------------------------- JUDGMENT Balachandran, J. The appellant, while travelling in an autorickshaw bearing Reg.No.KL-12/2711 on 19.9.1994 at about 4.30 p.m. and reached Chembumkolly, the autorickshaw capsised on account of the rash and negligent driving by the first respondent and thereby he sustained injuries. The fourth respondent was the owner of the autorickshaw and the third respondent is its insurer. Appellant advanced a claim for compensation of Rupees Two lakhs for the injuries sustained to him. The Tribunal awarded a total amount of Rs.33,000/- only. This appeal is filed being dissatisfied with the quantum of compensation awarded by the Tribunal. 2. As there is no dispute with respect to the liability for the negligence and the insurance coverage, we are considering only the question of MACA 127/03 2 sufficiency of compensation awarded in this appeal. 3. The injuries sustained to the appellant, as evidenced from Exhibit A2 index card, are compound fracture of both bones of left forearm Grade III C. It further shows that the forearm (open) with compartment syndrome fasciotomy was done and radius fixed with external fixators and skin grafting was done and external fixators were later removed. Appellant was treated in the hospital as an inpatient for a period of 16 days. Considering the nature of the injuries and the duration of treatment, the Tribunal has fixed loss of income for four months and allowed a sum of Rs.2,800/- on that count, fixing the income at Rs.700/- per month. According to the appellant, he was a Sales Manager and was earning a monthly income of Rs.3,000/-. However, no evidence was adduced to prove the same. But, still, it is worthy to note that even for a non earning person, the notional income prescribed under the second schedule to the Motor Vehicles Act is Rs.1,250/- per month MACA 127/03 3 (Rs.15,000/- per annum). In the instant case, the appellant was aged 28 and was earning income. Hence, we fix the monthly income of the appellant at Rs.1,800/-. Consequently, as against Rs.2,800/- awarded towards loss of earning for four months by the Tribunal, an amount of Rs.7,200/- has to be awarded towards loss of income for four months. Thus, appellant would be entitled to an additional amount of Rs.4,400/- on that count. We further notice that for disability and loss of earning power, the Tribunal has awarded only a paltry sum of Rs.5,000/-, probably, taking into account, the monthly income of the appellant as Rs.700/- per month. We are of the view that for disfigurement, disability and loss of earning power, he should have been awarded a total amount of Rs.15,000/- as against Rs.5,000/- awarded by the Tribunal. Hence, the appellant would be entitled to an additional amount of Rs.10,000/- on that count. Though it is contended that amounts awarded under other heads are also meagre and deserves to be enhanced, we are MACA 127/03 4 of the view that amounts awarded under other heads are just and reasonable and do not require any enhancement. Thus, the appellant would be entitled to an additional amount of Rs.14,400/- by way of compensation with interest at 7.5% per annum from the date of application till its deposit. However, it is made clear that as this appeal was preferred with a delay of 474 days, during the said period no interest shall accrue on the enhanced amount awarded as aforesaid. The third respondent Insurance Company shall deposit the amount awarded as aforesaid within two months from today. On such deposit, the appellant is allowed to withdraw the same. Appeal is, thus, allowed in part. (J.B.Koshy, Judge) 23rd October, 2008 (K.P.Balachandran, Judge) tkv MACA 127/03 5 J.B.Koshy & K.P.Balachandran, JJ. -------------------------- M.A.C.A.No.127 of 2003 -------------------------- JUDGMENT 23rd October, 2008