IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 MACA.No. 94 of 2004() --------------------- OPMV.1286/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER IN OP MV 1286/99 --------------------------------------------------- RAGUVARAN.T.K. S/O.KUNJAPPAN, ATTICHIRAYIL HOUSE KARAPPUZHA KARA, KOTTAYAM. BY ADV. SRI.P.M.NATESAN SRI.P.K.MURALEEDHARAN RESPONDENT(S): RESPONDENTS IN OP MV 1286/99 ------------------------------------------- 1. DAN MANGALAM S/O. ITTIYAVIRAH, MANGALATHU HOUSE, MANARKADU KARA MANARKADU.P.O., KOTTAYAM. 2. M.A.ITTIYAVIRAH, MANGALAM RUBBER WORKS, MANARKADU.P..O., KOTTAYAM 3. THE DIVIISIONAL OFFICER, THE ORIENTAL INSURANCE CO. LTD., MATTETHARA BUILDING, BAKER JUNCTION, KOTTAYAM.P.O. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 SRI.V.G.ARUN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.94 of 2004 .................................................................... Dated this the 12th day of June, 2009. JUDGMENT Abdul Rehim, J. The claimant, who was aged 65 years at the time of the accident, is in appeal seeking enhancement of the amount of compensation awarded by the MACT. He sustained injuries when he was knocked down by a car while standing on the side of a public road. He sustained fracture of pelvis and pubic ramas left and also contusion on the scalp. He was treated at Medical College Hospital for a considerably long period. Appellant was working as a salesman in a toddy shop. Ext.A6 employment certificate shows that he was earning a monthly income of Rs.4,000/-. The injuries had resulted in continuing permanent disability which was assessed at 12% as evidenced by Ext.A5 disability certificate. The Tribunal, inspite of production of employment certificate, took only a notional income of Rs.1,500/- per month for the purpose of computing compensation for permanent disability. Inspite of disability certificate produced 2 certifying 12% disability, the Tribunal adopted only 8% disability for the purpose of computation. Towards expenses for treatment, only an amount of Rs.1,500/- was awarded inspite of production of bills. 2. Learned counsel for the Insurance Company vehemently contended that the accident occurred due to contributory negligence on the part of the appellant. It has come out in evidence through the wound certificate that the appellant had consumed alcohol during the time when the accident occurred. Considering the time of accident and the place of accident, on all probabilities it is evident that the appellant contributed to the accident because of his negligence, due to intoxication. Therefore, we do not find any reason to interfere with the findings of the Tribunal to the effect that there is 30% contributory negligence on the part of the appellant. However, considering the fact that he was a salesman in a toddy shop and that the injuries had resulted in permanent disability of 22% and also the comparatively long period of hospitalisation and treatment, we feel that the total amount of Rs.39,300/- awarded and the amount of Rs.27,510/- ordered to be paid to the appellant, being 70% of the total amount, is highly 3 inadequate. Under such circumstances considering the evidence on record, we are inclined to enhance the compensation payable to the appellant from Rs.27,510/- to Rs.50,000/-, without any further deductions. 3. In the result, the appeal is partly allowed enhancing the total amount of Rs.27,510/- awarded as compensation payable to the appellant, to a sum of Rs.50,000/- (without any further deduction). The additional amount awarded will carry interest at the rate of 9% p.a. from the date of application till the date of payment. The Insurance Company is directed to make payment within a period of three months from today. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms