IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MFA.No. 211 of 2003(F) ---------------------- OPMV.694/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT: PETITIONER --------------------- BABU @ SIMON, S/O.JUNJOONJU, THATHAMPALLIL HOUSE, THANNIPPARA KARA, KARUNAPURAM VILLAGE. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: RESPONDENTS ------------------------ 1. RENJU, S/O.RAVEENDRAN, KALAYIL HOUSE, KARUNAPURAM P.O.KATTAYAKKANAM, IDUKKI DISTRICT. 2. SUKUMARAN B-1 NO.1280, BALAGRAM P.O. IDUKKI DISTRICT. 3. NEW INDIA ASSURANCE CO., LTD., BRANCH KATTAPPANA. BY ADV. SRI.M.RAJAGOPALAN FOR R3 SRI.RAJIT FOR R3 SRI.P.VIJAYAKUMAR FOR R2 SRI.M.V.RAJENDRAN NAIR FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY AND P.N. RAVINDRAN, JJ. ----------------------------------------------- M.F.A. No. 211 OF 2003 ----------------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT KOSHY, J. The appellant claimant aged 28 years sustained injuries in a motor accident on 26.05.97. He claimed a compensation of Rs.2,00,000/-, but only Rs.83,400/- was allowed with interest as compensation. The only dispute is regarding the quantum of compensation. As far as his injuries are concerned, the tribunal considered the same in paragraph 10, which read as follows: “10. Ext.A5 is a copy of he wound certificate issued by St.John's Hospital, Kattappana. Ext.A6 is the treatment certificate. These two documents prove that the petitioner sustained the following injuries: 1. Type III open fracture of the left leg with extensive lacerations over posterior aspect of the leg. 2. Fracture with dislocation of the left ankle. Committed fracture of the medial malleolus and fracture of the lower 1/3 of the fibula. 3. Lacerated wound over the right heel with fracture of the calcanium. He was treated as an inpatient from 26.05.97 till 28.06.97. He was admitted for a second time on 10.07.97 and he was M.F.A. No. 211 OF 2003 2 treated as inpatient till 10.08.97. It is mentioned in the treatment certificate that the petitioner became fully well only after 6 months.” 2. Ext.A9 is the medical disability certificate issued by the medical board of Taluk Head Quarters Hospital, Thodupuzha. It certified that the appellant had 18% disability. The tribunal did not calculate the compensation for the disability and loss of earning power on a multiplier method. The tribunal awarded a lump sum amount of 20,000/- for disability and Rs.10,000/- for loss of earning power. According to the Tribunal it is not stated in the medical board certificate that disability is of the whole body. All the fractures are on lower part of the leg. Considering the fractures involved and treatment certificates, we are of the opinion that compensation can be granted only for 10% disability, considering the disability to the whole body. The next question is what is the monthly income of the claimant for assessment of compensation. In the claim he stated that his monthly income is Rs.3,500/- as an agriculturist. But before the court he deposed that as a casual worker he had a daily income of Rs.200/-. The M.F.A. No. 211 OF 2003 3 tribunal did not believe this and fixed Rs.1,750/- as monthly income. He was a 28 years old able bodied man, even if he was getting only Rs.80/- per day, his monthly income may be Rs.2,000/-. The accident occurred in 1997. As he was 28 years old at the time of accident, as per the second schedule, 18 is the multiplier. Thus, the compensation payable will be Rs.43,200/-. Tribunal has awarded only Rs.20,000/- for disability. Tribunal has awarded another amount of Rs.10,000/- for loss of earning power. That also is to be deducted from compensation awarded for disability and consequent loss of earning power. So, the additional compensation payable will be Rs.13,200/-. For actual loss of earning, the tribunal has granted only an amount of Rs.10,500/- taking Rs.1,750/- as monthly income for 6 months of treatment period. For loss of earning for six months, since the monthly income is refixed as Rs.2,000/-, the compensation payable will be Rs.12,000/-. So he will be entitled for Rs.1,500/- more on that count. Even though it is argued that the compensation awarded for financial loss suffered by him is very low, we are not intending to enhance the compensation on rather M.F.A. No. 211 OF 2003 4 heads. The additional amount of Rs.14,700/- should be deposited by the 3rd respondent Insurance Company with 7.5% interest from the date of the application till deposit over and above the decreed amount. On depositing the above amount, the appellant is allowed to withdraw the same. The appeal is accordingly partly allowed. J.B. KOSHY , JUDGE P.N. RAVINDRAN, JUDGE. ttb M.F.A. No. 211 OF 2003 5 M.F.A. No. 211 OF 2003 6