IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 MFA.No. 873 of 2002(B) OPMV.777/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM APPELLANT: PETITIONER JAYA KRISHNAN S/O.CHAMI, IRUPPIKKAL VEEDU, POST KATAMBAZHIPPURAM, OTTAPPALAM TALUK, PALAKKAD DISTRICT BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: RESPONDENTS 1. HAMZA S/O. MUHAMMED KUTTY, MARAKKALTHODI, VEERAMANGALAM, TRIKKADERI, OTTAPPALAM TALUK, PALAKKAD 2. O.A.ALI HUSSAIN,CHINGAVANAM KALATHIL NOORAMTHODI, ADIVARAM. 3. THE UNITED INDIA INSURANCE COMPANY LTD., OTTAPPALAM, PALAKKAD DISTRICT 4. O.RAYANKUTTY S/O. KUTTU, ODUVANGATTIL HOUSE, MANGODE P.O., CHERPLACHERI,OTTAPPALAM TALUK. 5. K.AJITHKUMAR, THARUMATTOOR KALAM HOUSE, THIRUNARAYANAPURAM, VELLINEZHI P.O., THIRUVAZHIYODE, OTTAPPALAM TALUK. 6. THE NATIONAL INSURANCE COMPANY LIMITED GURUVAYOOR BRANCH, GURUVAYOOR , THRISSUR DISTRICT. R6 BY ADV. SRI.P.JAYASANKAR R3 BY ADV. SRI.M.A.GEORGE THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.T.SANKARAN, JJ. ---------------------------------------------------- M.F.A. NO. 873 OF 2002 ---------------------------------------------------- Dated this the 14th January, 2008 JUDGMENT J.B.KOSHY, J. The appellant/claimant sustained fracture on tibia and fibula in a motor accident occurred on 4.2.1999. He claimed a compensation of Rs.two lakhs. The Tribunal awarded Rs.45,338/- with interest at the rate of 9% per annum from the date of application till realisation and Rs.900/- as costs. Only the quantum of compensation is disputed in the appeal. 2. According to the appellant, he was a mason earning Rs.4,500/- per month. The Tribunal rightly found that there is no evidence to prove the nature of work and monthly income of the appellant. He did not depose also regarding the nature of accident. In support of the contention that the accident occurred due to the negligence of the driver of the vehicle insured by respondents 3 and 6, he produced Ext.A1 copy of FIR and Ext.A2, copy of scene mahazar. Ext.A1 FIR itself shows that he was travelling in the jeep precluding his leg outside. Therefore, the Tribunal found that he was also negligent and his negligence was apportioned at 25%. After calculating the compensation at Rs.60,450/-, 25% compensation was deducted. By Ext.A9 certificate the doctor has certified that there is 18% disability. The Tribunal did not accept the same. We have already stated that there was no evidence to show that he was an earning member at the M.F.A. NO.873 OF 2002 :: 2 :: time of accident. The doctor was examined as PW1. The Tribunal stated that, according to the doctor, 18% disability is to the limb and not to the whole body. The Tribunal has awarded Rs.17,500/- as compensation for disability and another Rs.11,000/- as injury compensation. For pain and suffering, Rs.11,000/- was granted. Even if the notional income of a non- earning person is taken as his monthly income and compensation is granted for 10% disability, he would not have received more than what is assessed by the Tribunal. Considering the total amount granted and the nature of injuries, we are of the opinion that no enhancement is necessary. The Miscellaneous First Appeal is, therefore, dismissed. (J.B.KOSHY) Judge (K.T.SANKARAN) Judge ahz/ J.B.KOSHY & K.T.SANKARAN, JJ. ------------------------------------------- ------------------------------------------- M.F.A.NO. 873 OF 2002 JUDGMENT 14th January, 2008 -------------------------------------------