JAYAPALAN Vs. KAMALA MENON

JUDGEMENT

(1.) This appeal is preferred by the claimant. The case of the appellant is that he met with motor vehicle accident on 3.9.2000. While he was travelling on an M80 moped, a Maruthi Van hit against the said moped and in that accident he sustained grievous injuries. The claim for compensation under Section 163(A) of M.V. Act filed before the Motor Accidents Claims Tribunal, Thrissur.

(2.) The main grievance of the appellant is that income was only taken as Rs.2,000/- per month for calculation of loss due to disability. It is also the submission that even though he sustained grievous injuries like compound fracture of left femur, fracture of right frontal bone, compound comminuted fracture nasal spine, cerebral oedema, ventricles, cisternal spaces effa multiple lacerated and crushed wounds on face, teeth injury and other injuries the total compensation awarded is only Rs.1,02,900/-. He was under treatment for more than one year. But only 10 months loss of income due to treatment is given. It is also the submission that even though a disability certificate showing 12% is produced, the Tribunal only considered 10% disability for calculating the loss due to disability.

(3.) It is a fact that there is no appeal preferred by the Insurance Company. We perused the award. It is found that only Rs.2,000/- is taken as monthly income of the appellant. The case of the appellant is that he is a vegetable merchant. The incident occurred in 2000. Then it will be only just and proper to consider it at Rs.3,300/- per month for considering the loss of income due to disability. On the head of loss of income due to disability, the Tribunal awarded only a sum of Rs.38,400/- by taking Rs.24,000/- as annual income and adopting 10% disability for assessing the compensation. The multiplier used is 16. The said finding is interfered and on that head compensation is assessed as 3300x12x16x12/100 = 76032. On this head Rs.38,400/- is already granted. Thus the enhanced compensation will be Rs.37,632/-.