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Suresh Aged vs K.J. Sunny on 28 October, 2008

Kerala High Court
Suresh Aged vs K.J. Sunny on 28 October, 2008
       

  

  

 
 
  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.
         ---------------------------------
               M.F.A.No.422 of 2003
         ---------------------------------

                     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.

              --------------------------

                  M.F.A.No.422 of 2003

              --------------------------

                         JUDGMENT



                    28th October, 2008

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