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Judgment
Thomas P. Joseph, J.—This appeal arises from the award dated 01.09.2012 in O.P.(MV) No. 525 of 2008 of the Motor Accident Claims Tribunal, Ernakulam (for short, "the Tribunal"). The appellant while riding a motor cycle was hit by a van belonging to, and driven by the first respondent. The Tribunal found that the accident occurred due to the negligence of the first respondent, awarded Rs. 76,000/- with interest at the rate of 8% per annum as compensation and directed the second respondent to deposit the same. The appellant is aggrieved by the quantum of compensation and has preferred the appeal.
The learned counsel contended that the appellant was aged 37 years at the relevant time, working as a plumber and earning Rs. 10,000/- per month. The Tribunal has fixed monthly income at Rs. 3,000/-. It is also argued that compensation awarded is low. The learned counsel for the second respondent has supported the award.
It is revealed that the appellant was aged 37 years at the relevant time. There is no reason why his version that he was a plumber be rejected. Hence his monthly income is be fixed at Rs. 3,500/-. Paragraphs 7 and 8 of the award refers to the injuries suffered by the appellant, period of treatment and the expenses he had to incur. The appellant suffered comminuted fracture of left patella and a few other injuries. He underwent inpatient treatment for 4 days.
The Tribunal has awarded loss of earning for three months at the rate of Rs. 3,000/-. Having regard to the fracture, its site and the period of treatment it is likely that the appellant was not able to work for four months. Compensation payable for loss of earning comes to Rs. 14,000/- (3500x4). Less Rs. 9,000/- already awarded, additional compensation payable on that count comes to Rs. 5,000/-. Strictly as per the medical bills, the Tribunal has awarded Rs. 14,000/- for treatment expenses. It is likely that the appellant was not able to procure and produce all the medical bills. Hence a further sum of Rs. 2,500/- is allowed on that count.
Ext. X1 is the certificate showing disability of the appellant at 5%. Taking ''5'' as multiplier and Rs. 3,000/- as monthly income, the Tribunal has awarded Rs. 27,000/- towards disability and loss of earning power. I fixed monthly income of the appellant at Rs. 3,500/-. Therefore, compensation payable for disability and loss of earning power comes to Rs. 31,500/- (3500 x 12 x 15 x 5/100). Less Rs. 27,000/- already awarded, the additional compensation payable on that count comes to Rs. 4,500/-. Rs. 8,000/- is awarded as compensation for loss of enjoyment and amenities of life. I stated that the appellant was aged 37 years at the relevant time. The site of the fracture is left patella. Ext. X1 stated disability of the appellant as 5%. There may be difficulty for the appellant to enjoy the amenities of life. Hence a further sum of Rs. 5,000/- is awarded on that count. The additional compensation payable to the appellant comes to Rs. 17,000/-. That amount will carry interest at the rate of 8% per annum.
Resultantly, this appeal is allowed as under:-
1) In modification of the award dated 01.09.2012 in O.P.(MV) No. 525 of 2008 of the Motor Accident Claim Tribunal, Ernakulam the appellant is allowed to recover a further sum of Rs. 17,000/- (Rupees Seventeen thousand only) with interest at the rate of 8% per annum from the date of application till recovery from the respondents 1 and 2.
2) The second respondent is directed to deposit the amount in the Tribunal within two months from this day.
3) Parties are directed to suffer their cost in the appeal.