IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1467 of 2005()
1. SHAJI, S/O. THANKAPPANACHARY,
... Petitioner
Vs
1. BIJU. P.G., S/O. GOPALAN,
... Respondent
2. P.K. NAVAS, S/O. KASIN RAWTHER
3. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent :SRI.M.A.GEORGE
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :27/07/2009
O R D E R
K. M. JOSEPH &
M. L. JOSEPH FRANCIS, JJ.
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M.A.C.A.NO. 1467 OF 2005 C
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Dated this the 27th July, 2009
JUDGMENT
K.M. Joseph, J.
Since insurance is admitted and counsel represents third
respondent Insurance Company, we dispense with service of
notice to the first respondent. Delay is condoned.
2. We take up the Appeal itself for hearing and dispense
with service of notice on the first respondent in the Appeal.
3. The Appeal was filed originally by the claimant in a
petition filed under Section 166 of the Motor Vehicles Act.
Pending the Appeal, he passed away and the additional
appellants are his wife and two children. The Appeal relate to
the quantum of compensation.
4. We heard the learned counsel for the appellants and the
learned counsel appearing on behalf of the third respondent
Insurance Company.
MACA.NO.1467/05 C 2
5. As against the claim for Rs.9 Lakhs, the tribunal has
awarded a sum of Rs.3,74,469/=. Learned counsel for the
original claimant pointed out that the deceased was a carpenter,
aged 38 years. He would contend that the tribunal has awarded
only a sum of Rs.3,07,200/= towards permanent disability and
loss of earning power. This is done by the tribunal by taking 16
as the multiplier and the income at Rs.2,000/= per month. The
per centage of disability though certified under Ext.A14
Disability Certificate at 90 per cent, the tribunal has fixed
disability at 80 per cent. He would further point out that the
deceased was in hospital for 67 days and the tribunal has
awarded only a consolidated sum of Rs.25,000/= towards pain
and suffering and loss of amenities together. He lastly points
out that the tribunal has erred in awarding only 6 per cent
interest.
6. The first question to be considered is what is to be the
income. The accident took place in the year 1999. No doubt,
there is oral evidence of the original claimant and his vocation
MACA.NO.1467/05 C 3
was carpenter. But, having regard to the year of the accident
and the materials available on record, we are not inclined to
disturb the finding regarding the income. But, we see merit in
the contention of the appellants as regards the per centage of
disability. Apparently, the claimant, as a result of the injuries
became paraplegic. It is pointed out by the appellants that even
for meeting the call of the nature, assistance was required. This
means, having regard to the vocation and his age, it can be
safely taken that he was not in a position to continue to earn any
income. If that is so, we feel that the appellants are justified in
demanding that the per centage of disability should be enhanced
to 100 per cent. We do so. On this basic, the appellants would
be entitled to a sum of Rs.76,800/= more. Likewise, we also
feel that the appellants should be awarded, having regard to the
period of hospitalisation and the condition obtaining due to the
after-effects of the accident, a sum of Rs.15,000/= more under
the joint heads “pain and suffering and loss of amenities”. Thus,
the appellants are entitled to Rs.91,800/= which is rounded off
MACA.NO.1467/05 C 4
to Rs.92,000/= more. We also award interest at 7.5 per cent on
the amount already awarded and the amount which we award.
Accordingly, the Appeal is allowed in part and the appellants are
allowed to realise a sum of Rs.92,000/= more with 7.5 per cent
interest from the date of the petition till the date of realisation
from the third respondent. We also award interest at 7.5 per cent
instead of 6 per cent on the amount already awarded against the
third respondent from the date of the petition till the date of
realisation.
Sd/=
K.M. JOSEPH,
JUDGE
Sd/=
M. L. JOSEPH FRANCIS,
JUDGE
kbk.
// True Copy //
PS to Judge