IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 1313 of 2005() ---------------------------------- OPMV.2227/1995 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/PETITIONER. ------------------------------------- M.C.MOHANDAS, AGED 41 YEARS, S/O.S.K. MADHAVA PANICKER, PUTHUKKODE P.O.673 633. MALAPPURAM DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SRI.K.B.SAJEESH SRI.P.GOPINATH MENON SRI.C.S.SUNIL RESPONDENTS/RESPONDENTS. ----------------------------------------------- 1. K.MOYIL, S/O.MUHAMMED SHAW, POOZHIKKUTH HOUSE, P.O.MORAYOOR, (R.C.OWNER OF BUS NO.KLL 4104.) 2. SUDHAKARAN, S/O.RAGHAVAN, SRAMBIKKAL HOUSE, PAYYANAKKAL, PANNIYANKARA AMSOM, KOZHIKODE DISTRICT, (DRIVER OF BUS NO. KLL 4102, DL. NO. 188/81, BADGE NO. 140/92.) 3. UNITED INDIA INSURANCE COMPANY LTD., 'ARAFA BUILDING', 2ND FLOOR, P.B.NO. 6, COURT ROAD, MANJERI- 676 121. (POLICY NO.101000/31/40/16, CERTIFICATE NO.101000/31/40/6/155562/94.) ADV. SRI.MATHEWS JACOB,SC(B/0) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------- M.A.C.A.NO.1313 OF 2005 () ----------------------------------- Dated this the 10th day of November, 2008 J U D G M E N T KOSHY,J. Appellant/claimant sustained injuries in a motor accident on 29.6.1995 while travelling in the bus owned by the 1st respondent. Tribunal found that the accident occurred due to the negligence of the 2nd respondent driver of the bus insured by the 3rd respondent Insurance company. However, against a claim of Rs.2 lakhs, Tribunal has awarded Rs.19,500/- inclusive of medical expenses. Only dispute is regarding the quantum of compensation. 2. As far as the injuries are concerned, appellant sustained fracture to the surgical neck of right humerus. There was undisplaced fracture to lower 1/3 rd of fibula left. Apart from that, there were injuries as can be seen from Ext.A2 wound certificate. Appellant was in the hospital for MACA.1313/05 2 four days. Ext.A4 is the referal O.P. Ticket. Ext.A6 medical prescription shows that he continued his out patient treatment followed by Ayurvedic treatment also. No permanent disability certificate was produced by him. According to the appellant, he was working as a collection agent of a Co- operative Bank and also a L.I.C. agent. Ext.A9 is the certificate issued by the Co-operative bank. Considering the above certificate, Tribunal was of the opinion that for three months, appellant was unable to work and Rs.6,000/- was awarded as actual loss of earnings for three months. We are of the opinion that being a collection agent and an L.I.C. Agent, Rs.3,000/- ought to have been taken as the monthly income by the Tribunal. Therefore, appellant is entitled to get Rs.9,000/- for actual loss of earning for three months. So, he is entitled to an additional amount of Rs.3,000/- under that ground. Appellant has produced medical bills for Rs.2,240/-. That was not accepted, but, Tribunal has awarded Rs.2,000/- towards medical expenses. Appellant was under inpatient treatment in the hospital for four days. He was also under continuous treatment and we MACA.1313/05 3 are of the opinion that Rs.1,000/- more ought have been awarded for medical expenses. He had two fractures. For injuries as well as for loss of amenities together, we award Rs.5,000/-. Thus, additional compensation payable will be Rs.9,000/-. The above amount of Rs.9,000/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the above amount, appellant is allowed to withdraw the same. Appeal is partly allowed. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE prp