IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 132 of 2003()
1. PRAMOD KUMAR. K.S., S/O. SUKUMARAN,
... Petitioner
Vs
1. SIDDIQUE, S/O. ABDULLA,
... Respondent
2. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.RONY J.PALLATH
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :29/10/2008
O R D E R
J. B. KOSHY &
K. P. BALACHANDRAN, JJ.
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M. A. C. A No.132 of 2003
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Dated this the 29th day of October, 2008
JUDGMENT
Balachandran, J
The appellant who himself is an
autorickshaw driver, aged 25 years met with a
motor vehicle accident and sustained injuries
while he was travelling in autorickshaw owned
and driven by the first respondent and insured
by the second respondent. He claimed a total
compensation of Rs.1,50,000/- as against which
the Tribunal awarded a total compensation of
Rs.40,500/-. This appeal is filed claiming
enhancement in compensation and we are
considering that aspect alone.
2. It is the case of the appellant that
he is an autorickshaw driver by profession and
is earning a monthly income of Rs.4,000/-. The
Tribunal estimated his income notionally at
M. A. C. A No.132 of 2003 -2-
Rs.2,500/- for want of proof of the income
alleged. Ext.A4 disability certificate is
certifying that the appellant has sustained
permanent disability of 6%. However, without
adopting any scientific data the Tribunal has
by a rough and ready calculation awarded
compensation of Rs.15,000/- only to the
appellant towards permanent disability and
loss of earning power. As regards the
permanent disability assessed at 6% the
Tribunal has observed that the said disability
will adversely affect his earning capacity and
amenities of life at least to some extent. The
Tribunal which has discussed the evidence in
the case was also not of the view that the
percentage of disability assessed at 6% is
excessive. We are of the view that the 6%
disability certified under Ext.A4 disability
certificate has to be accepted for awarding
compensation for disability and loss of
M. A. C. A No.132 of 2003 -3-
earning power. When so assessed taking the
monthly income as Rs.2,500/- and multiplier
17, the compensation due to be paid to the
appellant for permanent disability and loss of
earning power will be Rs.30,600/- (2,500 x 12
x 6/100 x 17). The Tribunal has awarded only
an amount of Rs.15,000/- under this head.
Hence, the appellant will be entitled to
additional compensation of Rs.15,600/- on that
count. Considering the injuries sustained to
the appellant which takes in also fracture of
3rd and 4th metatarsal and considering also
the avocation of the appellant as an
autorickshaw driver, we are of the view that
over and above the loss of earnings for two
months awarded by the Tribunal a sum of
Rs.2,500/- more has to be awarded to him by
way of loss of earnings for one more month.
Thus the additional compensation due to the
appellant is Rs.18,100/-. The above amount
M. A. C. A No.132 of 2003 -4-
shall be deposited by the second respondent/
Insurance Company with interest at 7.5% per
annum from the date of application till the
date of deposit within two months from today.
On such deposit the appellant shall be
entitled to withdraw the same.
3. The appeal is thus, allowed in part.
J. B. KOSHY
JUDGE
K.P.BALACHANDRAN,
JUDGE
kns/-