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Judgment
B. Kemal Pasha, J.—Dissatisfied with award dated 06.05.2010 passed by the Motor Accidents Claims Tribunal, Irinjalakuda in O.P. (MV) No.838/2006, the petitioner has come up in appeal.
The petitioner sustained serious injuries in a motor accident while he was attempting to board the KSRTC bus bearing registration No.KL-15/4410 at Chalakudy. While he was getting into the bus, the 2nd respondent took the vehicle forward, thereby the appellant fell down from the vehicle and sustained injuries. Through the impugned award, the Tribunal has granted a compensation of 20,500/- with interest at the rate of 7% per annum from the date of petition.
Heard the learned counsel for the appellant. The learned counsel for the appellant has pointed out that even though a disability certificate has been produced before the court below showing a disability of 8%, without adverting to it, the court below did not accept the said certificate obtained from a competent Doctor. It was also pointed out that even though a salary certificate showing his daily wages at 185/- was produced, the same was also not accepted by the court below. The appellant was aged 33 years at the time of the accident. Loss of earnings for 2= months only was granted by taking the monthly income at 2,000/-.
It seems that the appellant had produced a disability certificate showing a disability of 8%. Ext.A3 wound certificate reveals that the appellant had sustained multiple abrasions on the body and fracture of the lateral condoyle of left knee. The very same Doctor, who had treated him at St.James Hospital, Chalakudy, was working at Mother Hospital, Thrissur also. The said Doctor had issued Ext.A5 disability certificate pointing out that there is 8% permanent disability to the appellant. The court below has not accepted the said certificate on the ground that the appellant had not undergone treatment at Mother Hospital, Thrissur. The appellant has no case that he had undergone treatment at Mother Hospital, Thrissur. According to the learned counsel for the appellant, the Doctor who had treated the appellant at Chalakudy was working at Mother Hospital, Thrissur also. It is true that there is no certificate of the Medical Board. When considering the seriousness of the injuries sustained to the appellant, a disability of 5% can be taken. Regarding the income, the income considered by the Tribunal as 2,000/- per month is too low. The Tribunal ought to have considered at least an amount of 3,000/- as his monthly income. Loss of earnings for three months ought to have been awarded to the appellant. In computing the compensation for disability, 16 can be taken as the multiplier.
On a calculation, the appellant is entitled to get an amount of 28,800/- as compensation on account of disability. Further, an amount of 4,000/- more has to be awarded towards loss of earnings. Therefore, the petitioner is entitled to get an amount of 32,800/- more as additional compensation over and above the amount arrived at by the Tribunal in the impugned award.
In the result, this appeal is allowed and an amount of 32,800/- more is fixed as additional compensation with interest at the rate of 7% per annum from the date of petition till date of payment. The first respondent shall deposit the amount within two months from today.