IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 MFA.No. 54 of 2003(B) --------------------- OPMV.1963/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: --------------------- P.ABDUL RAZAK S/O. AHAMEDKUTTY, AGED 38 YEARS, VATTAPARAKKAL HOUSE, KARUVAPPOYIL POST, KODUVALLY, KOZHIKODE. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS/RESPONDENTS: ------------------------ 1. K.C.MOHAMMAD S/O. UMMER, KAROONI CHALIL HOUSE, KODUVALLY POST, KOZHIKODE. 2. M/S. UNITED INDIA INSURANCE COMPANY, DIVISIONAL OFFICE, WHITE LINES BUILDING, KOZHIKODE. R2 BY ADV. SRI.M.S.PATTALI ADV. SRI.T.VINOD KUMAR THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.F.A. No. 54 of 2003 --------------------------------------- Dated this the 24th day of March, 2008 Judgment Koshy,J. Appellant/Claimant sustained serious injuries in an accident. He approached the Motor Accidents Claims Tribunal claiming an amount of Rs.Four lakhs. Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the second respondent insurance company. Total amount awarded inclusive of reimbursement of medical expenses was only Rs.1,88,770/-. The only dispute is regarding the quantum of compensation. According to the claimant, he was working as a motor mechanic in Star Automobiles. Ext.A10 salary certificate shows that he was getting Rs.300/- per day. The accident occurred in 1994. He was maintaining a family. The tribunal has fixed Rs.1,500/- as monthly income. Since he was maintaining a family and was working as a motor mechanic, we are of the opinion that at least Rs.2,000/- ought to have been taken as the monthly income, though income is not proved by clear evidence. The Medical Board in Ext.C1 certificate assessed 30% disability. The tribunal accepted M.F.A.No.54/2003 -:2:- the same. Since he was aged 39, 16 was taken as the multiplier taking guidance from the second schedule. If that be so, compensation payable for disability will be Rs.2,000 x 12 x 16 x 30 100 = Rs.1,15,200/-. Tribunal has granted Rs.86,400/- for loss of earning power and Rs.15,000/- towards permanent disability. Therefore, balance compensation payable will be Rs.13,800/-. The tribunal has awarded Rs.18,000/- towards loss of actual earnings. Since we have taken Rs.2,000/- as the monthly income and he was under treatment for 10 months, we award Rs.2,000/- more under that head. So, additional compensation payable will be Rs.15,800/- over and above the amount decreed by the tribunal. The above amount of Rs.15,800/- should be deposited by the second respondent insurance company with 7.5% interest from the date of application till its deposit and on deposit of the amount, appellant is allowed to withdraw the same. J.B.Koshy Judge K. Hema Judge vaa J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No. 54 of 2003 ------------------------------------- Judgment Dated:24th March, 2008