IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 MACA.No. 2041 of 2006() ----------------------- OPMV.504/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- RADHAKRISHNAN, SAMOOHATHIL MADOM HOUSE, PAKKIL KARA, PAKKIL P.O., MATTAKOM. BY ADV. SRI.K.A.HASHIM RESPONDENT(S): RSEPONDENTS -------------------------- 1. GEORGE VARKEY, THEKKEKUNNEL HOUSE, VAZHAPPALLY P.O., CHENGANACHERRY. 2. THE ORIENTAL INSURANCE COMPANY LTD., CHANGANACHERRY. ADV. SRI.P.V.JYOTHI PRASAD FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ M.A.C.A No.2041 of 2006 ------------------------------------- Dated this the 26th day of March, 2009 JUDGMENT BASANT, J. Claimant before the Tribunal is the appellant before us. He claimed an amount of Rs.1,75,000/- as compensation for personal injuries suffered by him in an accident which occurred on 12.10.2000. He was aged 40 years on the date of the accident. He claimed to be a jeep driver earning an income of Rs.4,500/- per mensem. He has suffered multiple fractures including fracture of the right clavicle, fracture of the lateral orbit and fracture of the maxillary sinus. He was an inpatient for a period of 12 days. He continued his treatment as an outpatient Before the Tribunal, Exts.A1 to A16 were marked. PWs 1 and 2 were examined. 2. The Tribunal on an anxious consideration of all the relevant inputs proceeded to pass the impugned award directing payment of a total amount of Rs.42,690/- as per the details given below along with interest @ 6% per annum. M.A.C.A No.2041 of 2006 2 i) Loss of earning (2 X 2000) : Rs.4,000/- ii) Medical expenses : Rs.1,790/- iii) Transport to hospital : Rs.1,000/- iv) Bystander's expenses: Rs.1,500/- v) Pain and suffering : Rs.10,000/- vi) Reduction in earning capacity (2000 X 12 X 15 X 4/100) : Rs.14,400/- vii) Loss of amenities : Rs. 10,000/- ................... Total : Rs.42,690/- ................... 3. The appellant claims to be aggrieved by the impugned award. Called upon to explain the nature of the challenge which the appellant wants to mount against the impugned award, the counsel raises various contentions. It is first of all argued that the monthly income reckoned by the Tribunal at Rs.2,000/- is too low considering the employment of the appellant as a driver. The accident took place in 2000. We are not persuaded to agree that in the absence of any better evidence, the Tribunal erred in drawing the presumption of prudence that the appellant must have been earning an income of Rs.2,000/- per mensem. M.A.C.A No.2041 of 2006 3 4. The learned counsel then contends that though the doctor had certified 6% to be the functional disability of the whole body as a result of the accident in Ext.A13, the Tribunal had arbitrarily and without valid justification reduced the functional disability to 4% while computing compensation payable for loss/reduction in earning capacity. There was no necessity to reduce the percentage of reduction in earning capacity certified by the doctor. The Tribunal should have taken particular note of the fact that the appellant is a driver and that that part of the anatomy is crucially and vitally relevant for proper and efficient discharge of the duties of a driver, contends counsel. We find merit in that contention. 5. We are not persuaded to agree that the amount awarded under any other head warrants or demands interference. 6. The above discussions lead us to the conclusion that the appellant is entitled for the following further amount of compensation under the head shown below in addition to the amounts awarded by the Tribunal: M.A.C.A No.2041 of 2006 4 Compensation for reduction in earning capacity [(2000 X 12 X 15 X 6/100=21,600/-) minus 14,400] : Rs.7,200/- (Rupees Seven thousand and two hundred only) 11. We further direct that the entire amount of compensation shall bear interest @ 7.5% per annum from the date of petition till payment. 12. This appeal is accordingly allowed in part to the above extent. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-