IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 MFA.No. 1235 of 2002() ---------------------- OPMV.1576/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: PETITIONER: ------------------------------------- GOPI, AGED 39 YEARS, S/O. RAMANKUTTY, KANDANGADATH PARAMBIL HOUSE, ANANDAPURAM DESOM & VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS: ------------------------- 1. K.A.SUDHAKARAN, S/O. ACHUTHAN, KOODAPARAMBIL HOUSE, PARAPPOOKKARA, MUKUNDAPURAM TALUK. 2. MANAGER, ORIENTAL INSURANCE CO., CHALAKKUDY. BY ADV. SRI.MATHEWS JACOB THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 31.3.2008, THE COURT ON 31/03/2008 DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.1235 of 2002 ----------------------------------------- Dated this the 31st day of March, 2008 JUDGMENT Koshy, J. Appellant-claimant sustained serious injuries in a motor accident on 22.3.1994. As a result of the accident, there was fracture of public ram right side and fracture of 6th and 7th ribs. Disability certificate shows that he had 11% disability. The Tribunal has accepted only 10% disability for the purpose of calculating compensation. We see no reason to change the same. He was aged 39 years at the time of accident. 16 was fixed as multiplier. Taking second schedule as the guidelines, we see no reason to change the multiplier fixed by the Tribunal. According to the claimant, he was a kooli earning Rs.3,500/- per month. The Tribunal only fixed Rs.800/- per month. Even for a non-earning person Rs.1,250/- (rS.15,000/- per year) fixed as the notional income under second schedule. Claimant is an earning person maintaining a family by his income. In the above circumstances, atleast Rs.1,800/- ought to have been taken as the monthly income of the petitioner. If that be so, compensation payable for loss of earning power will be: 1,800 x 12 x 10 x 16 100 = Rs.34,560/-. MFA.1235/02 2 The Tribunal has awarded only Rs.13,400/-. So balance will be Rs.21,160/-. The Tribunal found that due to the fracture for six months he was out of employment. For loss of earning for six months, the Tribunal awarded Rs.4,200/-. Since we have taken Rs.1,800/- as the monthly income, he is entitled to Rs.10,800/-. After deducting Rs.4,200/-, balance is Rs.6,600/- as loss of actual earning during the treatment period. Hence, total additional amount of compensation payable will be Rs.27,700/-. It is submitted that compensation awarded under all other heads including for pain and suffering are very meagre. But, considering the total amount awarded, we are not enhancing the compensation on other heads. The additional amount of Rs.27,700/- should be deposited by the second respondent Insurance Company with 7.5% interest from the date of application till the date of deposit. On deposit of the above amount, the appellant is allowed to withdraw the same. The appeal is allowed, partly. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.1235/02 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No. 1235 of 2002 ------------------------------ JUDGMENT 31.3.2008