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 WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 MACA.No. 1213 of 2008() ----------------------- AGAINST THE ORDER DATED 12/12/2007 IN OPMV.833 & 1094/2000 & OPMV.1592/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): APPELLANT/3RD RESPONDENT. --------------------------------------- THE NATIONAL INSURANCE CO. LTD., KOLLAM, REPRESENTED BY ITS MANAGER, MOTOR THIRD PARTY CELL, M.G.ROAD, ERNAKULAM. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT. ------------------------ THOMAS MATHEW @ ANIYAN, VADAKKEVILAYIL, THUMPAMON NORTH MURI, MEZHUVELI VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. ADV. SRI.PHILIP M.VARUGHESE FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2009, ALONG WITH MACA NO. 2559 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. Nos.1213 & 2559 of 2008 .................................................................... Dated this the 4th day of February, 2009. JUDGMENT Ramachandran Nair, J. The connected appeals arise from a claim petition filed by the driver of a mini lorry who was seriously injured on account of collision between the mini lorry he was driving and a tempo van. The driver of the tempo van was found negligent and consequently it's insurer was called upon to pay compensation totaling Rs.5,21,400/-, out of which Rs.85,000/- represents compensation granted for damage to the vehicle. The claimant and the Insurance Company are both in appeal before us, one for enhancement and the other for reduction of compensation granted. We have heard counsel appearing for both sides. 2. Counsel for the Insurance Company referred to Full Bench decision of this court in ORIENTAL INSURANCE COMPANY LTD. V. HARIPRASAD (2005(4) KLT 977) and contended that granting of compensation for permanent disability and again separately for loss of earning power is impermissible. It is seen that MACT after awarding 2 compensation of Rs.2,75,400/- towards compensation for 45% permanent disability, on account of amputation of right leg below the knee, again granted Rs.50,000/- for loss of earning power. Even though we agree with the counsel for the Insurance Company that grant of compensation under the above two heads simultaneously is against law, considering the argument of counsel for the claimant that the income adopted is low and his disability as a driver is 100% on account of loss of leg, we do not think any modification is required in the award because even if we allow the appeal of the Insurance Company by cancelling Rs.50,000/- additionally granted for loss of earning power, we will have to enhance the compensation atleast by this amount on account of eligibility for fixation of higher income for the claimant. Moreover, compensation granted for loss of amenities and enjoyment in life which is only Rs.10,000/- is also very low. We, therefore, feel that the relief to be granted in the appeal filed by the Insurance Company will be neutralised when we increase compensation in the appeal filed by the claimant. Since we find that the compensation granted in absolute terms is fairly reasonable, we feel the better course 3 will be to allow the same to attain finality. We, therefore, dismiss both the appeals. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms