IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 422 of 2003(D)
1. SURESH AGED, 26 YEARS, S/O. NARAYANAN,
... Petitioner
Vs
1. K.J. SUNNY, KALLUVALAPPIL HOUSE,
... Respondent
2. JENSUS @ BABU S/O. MANJALY THOMAS,
3. THE MANAGER, ORIENTAL INSURANCE
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :28/10/2008
O R D E R
J.B.Koshy & K.P.Balachandran, JJ.
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M.F.A.No.422 of 2003
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JUDGMENT
Balachandran, J.
A pedestrian aged 26 was hit down by a lorry on
4.7.1994 and thereby he sustained injuries. He
claimed an amount of Rs.5 lakhs by way of
compensation from the second respondent driver, the
first respondent owner and the third respondent
insurer. The Tribunal awarded a total compensation
of Rs.1,07,500/-. The claimant has come up in
appeal praying for enhancement in compensation
awarded by the Tribunal.
2. Apart from sufficiency of compensation
awarded, no other issue arises for consideration in
this appeal, as the liability in damages and the
liability of the Insurance Company to indemnify the
first respondent owner are not matters in dispute.
3. The appellant was a youngster aged 26. He
was a registered head load worker, as evidenced
MFA 422/03 2
from Exhibits A9 and A10. Though the appellant
claimed that his monthly income was Rs.3,000/-, the
Tribunal accepted only Rs.900/- as his notional
monthly income. As per the second schedule to the
Motor Vehicles Act, the notional income of a non
earning person is Rs.15,000/- per annum (Rs.1,250/-
per month). Here, the appellant is undisputedly a
registered head load worker and the Tribunal is not
at all justified in taking Rs.900/- as his notional
monthly income. We enhance the monthly income of
the appellant and fix it at Rs.1,800/-. The
Tribunal accepted 25% as the permanent disability
as against 50% testified by PW2 and for working out
the compensation for permanent disability and loss
of earning power, the Tribunal has adopted the apt
multiplier 18. Consequent on our fixing of the
notional monthly income at Rs.1,800/-, the
compensation payable to the appellant for permanent
disability and loss of earning power is Rs.97,200/-
(1800 x 12 x 25/100 x 18). The Tribunal has awarded
MFA 422/03 3
only an amount of Rs.48,600/- on that count. The
appellant will, therefore, be entitled to an
additional amount of Rs.48,600/- as well on that
count. Further, the Tribunal allowed loss of
earnings for six months, working out the loss at
the rate of Rs.900/- per month. As we have enhanced
the notional monthly income to Rs.1,800/-, the
appellant would be entitled towards loss of
earnings a further amount of Rs.5,400/-. Thus, the
appellant would be entitled to an additional
compensation of Rs.54,000/- in the aggregate.
4. Though it is contended by the counsel for
the appellant that compensation awarded under other
heads are also meagre, we are of the view that just
and reasonable compensation has been awarded under
other heads and that it does not deserve to be
interfered with.
5. The third respondent Insurance Company shall
deposit the additional compensation of Rs.54,000/-
within two months from today with 7.5% interest per
MFA 422/03 4
annum from the date of application till date of
deposit. On deposit of the amount, appellant is
allowed to withdraw the same.
Appeal is allowed in part.
(J.B.Koshy, Judge)
28th October, 2008
(K.P.Balachandran, Judge)
tkv
MFA 422/03 5
J.B.Koshy &
K.P.Balachandran, JJ.
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M.F.A.No.422 of 2003
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JUDGMENT
28th October, 2008