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 30TH JANUARY 2009 / 10TH MAGHA 1930 MACA.No. 921 of 2006() ---------------------- OPMV.734/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- NUSARATH, D/O.ABDUL AZEES(MINOR)10YEARS, REP. BY NEXT FRIEND/MOTHER, RAMLA, W/O.ABDUL LATHEEF, PANDIKASALA, KUTTIPPURAM AMSOM,PAINKANNUR AMSOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): RESPONDENTS. --------------------------- 1. K.P.SIVADASAN, S/O.THANKAPPAN, GOLD SMITH, ANGADIPPURAM, PERINTHALMANNA TLUK, P.O.(DRIVER). 2. M.AHAMMEDKUTTY HAJI, S/O.MOIDEEN, MANAGING PARTNER, FEROKE, PETROLEUM AGENCY, VENGARA P.O. MALAPPURAM DISTRICT. 3. THE NEW INDIA ASUSRANCE CO.LTD, DIVISIONAL OFFICE, MALIYEKKAL BUILDING, UP HILL, MANJERI ROAD, MALAPPURAM. ADV. SRI.T.SETHUMADHAVAN FOR R2 SRI.PUSHPARAJAN KODOTH FOR R2 SRI.K.JAYESH MOHANKUMAR FOR R2 SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.921 of 2006 .................................................................... Dated this the 30th day of January, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the loss of left leg below the knee, of the appellant. We find force in the contention of the appellant that the income fixed is very low. However, Standing Counsel for the Insurance Company contended that appellant was a minor child of 10 years at the time of accident and therefore, only notional income of Rs.15,000/- can be adopted for determination of compensation for disability. In these days we feel atleast a minimum of Rs.2,000/- should be fixed as income per month for any person because even working as a casual employee, anybody can earn Rs.2,000/- a month. We, therefore, refix the notional income for the appellant at Rs.2,000/- which will entitle her for compensation for disability at 50% on account of loss of leg, though below knee, at Rs.1,80,000/- as against Rs.1,12,500/- granted by the MACT. We notice that reasonable compensation is granted under all other heads. 2 The additional compensation of Rs.67,500/- granted by us will carry interest at 7.5% p.a. from date of application till date of deposit. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms