IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 MACA.No. 1092 of 2009(A) OPMV.3522/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONER KHALID.E.K, AGED 38 YEARS, S/O. BAPPU, ERKKARA HOUSE, P.O. PARINGODU, PALAKKAD - 679 535. BY ADV. MR.SHEJI P.ABRAHAM SMT.GISA SUSAN THOMAS RESPONDENT(S): RESPONDENTS 1. MUGHLIESH, S/O. VIJAYAN, PULIKKAN HOUSE, NAMBAZHAKKAD, THRISSUR. 2. A.B. SUBRAMANIAN, S/O. BHASKARAN, ANEDATH HOUSE, P.O. PERUVALLUR THRISSUR. 3. THE ORIENTAL INSURANCE CO. LTD., `U' BROTHERS BUILDING, GURUVAYOOR ROAD, KUNNAMKULAM. R3 BY ADV. DR.ELIZABETH VARKEY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.1092 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of DECEMBER, 2009 J U D G M E N T Raman, J. 1. Injured in a motor accident, who is dissatisfied with the award amount, has come up with this appeal. While the appellant was riding in a motor cycle, a lorry which came from the opposite direction in a rash and negligent manner, hit against the motor cycle, as a result of which the appellant sustained injuries. Negligence is proved. Insurance coverage is admitted. The only point is whether the compensation awarded is just and reasonable. 2. The injured was a coolie, said to be earning an income of Rs.3,500/- per month. He sustained loss of nail of pulp of second toe as evidenced by Ext.A7 Disability Certificate. Ext.A8 Wound Certificate, issued by Amala Hospital, Thrissur shows that he sustained lacerated wound M.A.C.A. No.1092 of 2009 2 right parietal scalp abrasion right shoulder and other injuries. Actually Ext.A7 Disability Certificate was issued by a different hospital and not by the Hospital where he was treated. The Doctor who issued Ext.A7 Disability Certificate was not examined and the appellant/petitioner did not mount the box. Therefore, Tribunal had no other alternative except to estimate his income, on some guess work, regarding the disability suffered by him. In that process the Tribunal fixed his income at Rs.2,000/- and reckoning the disability percentage at 1% and taking the multiplier of 16, disability compensation was worked out to Rs.3,840/-. 3. The grievance of the appellant is that income as fixed by the court below is grossly inadequate and un-supported by the evidence in the case. As already noticed, there was no evidence in the eye of law since Ext.A7 Disability Certificate was not proved by examining the Doctor who issued the same, nor the appellant mount the box in support thereof. M.A.C.A. No.1092 of 2009 3 4. Therefore, we cannot completely agree with the submission made by the learned counsel appearing for the appellant. However, the accident occurred in the year 2003 and the fact that he was a coolie is not very much in dispute. Considering the normal rate of wages, one would have earn, it would be reasonable to fix his income at Rs.2,500/-. Considering the fact that he lost distal phalanges of the second toe and considering the nature of the injuries suffered and taking note of the continuing disability from Ext.A7, we estimate the percentage of disability as 3% instead of 1 taken by the Tribunal. 5. On a reworking of the compensation, the disability compensation awardable will come to Rs.14,400/- and deducting the amount already awarded the balance will come to Rs.10,560/-. Towards loss of earning, considering the increase we made in the income estimated, he will be entitled to get an additional amount of Rs.1000/-. Thus a total amount of Rs.11,560/- will be awarded by way of M.A.C.A. No.1092 of 2009 4 enhancement which will carry 7% interest from the date of petition till realisation. Appeal is allowed to the above extent. The insurance company shall satisfy the enhanced compensation as above, with interest within six weeks from the date of receipt of a copy of this Judgment. P.R.RAMAN, JUDGE P.R. RAMACHANDRA MENON, JUDGE nl