JUDGMENT

This appeal is preferred by the Insurance Company, the 2nd respondent in OP (M.V) No.530 of 2013 on the file of the III Additional Motor Accidents Claims Tribunal, Ernakulam. The parties in this appeal are referred to as per their status in the claim petition unless otherwise specifically mentioned.

2.The petitioner, while riding a motor bike through the Kunnumpuram -Edappally road on 26.10.2012, sustained serious injuries when an autorickshaw bearing Registration No. KL-07/BT-1665 owned and driven by the 1st respondent hit the motor bike. The petitioner filed an application for compensation under Section 166 (1) (a) of the Motor Vehicles Act, 1988 claiming an amount of Rs.20 lacs for the personal injuries sustained in the accident.

3.Before the Tribunal, the 1st respondent remained ex parte. The 2nd respondent, the insurer of the autorickshaw admitted that the vehicle was insured with them at the time of accident. They contended that the accident happened due to the negligence of the petitioner and the compensation claimed is excessive. The evidence consists of the oral testimony of the petitioner, Exts. A1 to A10 and Ext. X1.

4.The Tribunal found that the accident happened due to the negligence of the 1st respondent and awarded an amount of Rs.19,18,316/- (Rupees Nineteen Lakh Eighteen Thousand Three Hundred and Sixteen only) to the petitioner as compensation together with 9% interest per annum thereon from the date of petition till the date of realization with proportionate costs. The 2nd respondent insurance company was directed to satisfy the award. This split up of the compensation awarded by the Tribunal is as follows:

5.Aggrieved by the quantum of compensation awarded by the Tribunal under various heads, the insurance company has preferred this appeal. According to the insurer, the amount awarded as compensation is excessive and contrary to law. 6.The petitioner, at the time of accident, was a final year B-Tech student in the Model Engineering College, Thrikkakara. Sri. Chandrasekharan, the learned counsel for the petitioner submits that the petitioner later passed the course in the First Class. Ext.A9 is the copy of the Degree certificate.

7. The documents produced shows that the petitioner suffered the following injuries:- 1. Fracture right femur shart, femoral artery seen cut, lacerated injury 10x2 cm on right thigh exposed outside skin.

2. Active bleeding, swelling on elbow, abrasion on fingers.

The petitioner was treated as an inpatient for a period of 22 days on two spells from 26.10.2012 to 15.11.2012 and from 06.07.2013 to 08.07.2013. Total medical bills produced by the petitioner come to Rs. 5,61,316/-. As per Ext. X1 disability certificate issued by the Medical Board, Medical College Hospital, Alappuzha, the permanent disability of the petitioner is assessed at 45%.

8. The Tribunal fixed the monthly income of the petitioner at Rs.10,000/- for the purpose of assessing compensation. Since the petitioner was aged 21 years at the time of accident, the Tribunal has taken the multiplier as '18' and the percentage of loss of earning capacity as 45% based on Ext. X1 disability certificate.

9. According to Sri. V.P.K