IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 MFA.No. 534 of 2003(A) ---------------------- OPMV.997/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: --------------------- GOPINATHAN K.P. S/O. PADMANABHAN, KOLLAMPARAMBIL HOUSE, THRIKKODITHANAM, CHANGANACHERRY, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS/RESPONDENTS 1 TO 3: ------------------------------- 1. RAJU S/O. VELAYUDHAN, ARACKAL PUTHENCHIRA HOUSE, MOOLAVATTOM KARA, KODIMATHA BHAGOM, NATAKAM VILLAGE, KOTTAYAM. 2. K.R.THOMAS, KADAMBANCHIRA, KUNHITHANNI. 3. THE ORIENTAL INSURANCE CO. LTD., KOTTAYAM. R3 BY ADV. SRI.VPK.PANICKER THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.534 OF 2003 (A) ----------------------------------- Dated this the 8th day of April, 2008 J U D G M E N T KOSHY,J. Appellant claimant sustained serious injuries in a motor accident on 27.10.1993. Tribunal found that accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company and awarded Rs.1,23,500/- against a claim of Rs.4 lakhs. Only quantum of compensation is disputed in this appeal. 2. According to the claimants, he is a carpenter earning Rs.2,500/- per month. In the absence of data, tribunal assessed only Rs.2,000/- as the monthly income. Considering the year of accident, we see no ground to change the same. Doctor assessed 40% disability as he had amputation below knee. Even though tribunal accepted medical certificates, did not award compensation on a multiplier method. It is settled MFA.534/03 2 law that compensation has to be assessed on a scientific method. Therefore, compensation payable will be Rs.2,000 x 12 x 40/100 x 17 = Rs.1,63,200/-. Rs.96,000/- awarded by the tribunal for disability, loss of earning power and consequences of disability is deducted and balance amount is Rs.67,200/-. Considering the nature of the work he is doing, medical certificate and also considering the percentage of loss of earning capacity mentioned in the Workmen's Compensation Act, we are not inclined to increase the permanent disability as 100% as contended by the claimant. Even though his leg was amputated and he was in the hospital for 38 days, only Rs.3,500/- was awarded as Hospital expenses. We award Rs.2,500/- more for hospital and medical expenses. Tribunal awarded Rs.6,000/- for loss of actual earning for three months. Considering the nature of injuries, amputation etc. he was unable to work for atleast five months. Hence he is entitled to Rs.4,000/- more for loss of actual earning. It is argued that for loss of amenities, disfiguration etc. amount was awarded. Considering the compensation for disability and loss of earning power, we award only Rs.1,300/- more under the above head. MFA.534/03 3 Hence, the additional amount payable will be Rs.75,000/-. The above Rs.75,000/- 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. Considering the fact that accident occurred 11/2 decades ago, appellant is allowed to withdraw the amount. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.534 OF 2003 (A) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 8th April, 2008