IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 MACA.No. 1842 of 2005() ----------------------- OP(MV).1010/1995 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT: APPELLANT/PETITIONER. ----------------------------------- K.SUNIL KUMAR, S/O.CHINNAN, AGED 31 YEAR PAMPADI KOLATHUR HOUSE, KARUVANTHURUTHY, FEROKE, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN OP.MV. ------------------------------------ 1. M.T.THOMAS RAJAN, S/O.KORA THOMAS, M/S.T.T.PLYWOOD & AGENCIES, M.M.ALI ROAD, KOZHIKODE. 2. M.MOHANAN, S/O.GOPALAN, PULIKKUMPARAMBATH POYIL HOUSE, PALATH AMSOM, AND DESOM, CALICUT. 3. THE NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, P.B.NO. 5219, JAIL ROAD, KOZHIKODE 673 002. ADV. SRI.LAL GEORGE FOR R3 SRI.V.V.ASOKAN FOR R1 & R2 SMT.S.AMINA FOR R1 & R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No. 1842 of 2005 ----------------------------------------- Dated this the 29th day of September, 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation for the serious injuries sustained by the appellant who was 21 years of age at the time of the accident. We have heard counsel for the appellant and standing counsel appearing for the Insurance Company. The first contention raised by the counsel for the appellant is that the fixation of disability at 20% is inadequate. The counsel has relied on the medical certificate issued by the Medical Board which certifies that the appellant suffered with a locomotor disability at 7%, visual disability 65% and disability caused by seizures at 20%. Considering the disabilities to various organs the M.A.C.T. had fixed an average disability at 20%. Even though the counsel for the insurance company canvassed for the confirmation of the same, we feel modification is required in this regard because the appellant had lost vision of right eye and is having recurrent attacks of epilepsy on account of the accident. The counsel also submitted that as a result of the accident he may not be able to earn income on a steady basis. Considering the report of the Medical Board and the age of the appellant at the time of the accident we re-fix the disability at 30% as against 20 % fixed by the M.A.C.T. Even as a coolie he would have been able to earn Rs.3,000/- per month. Accordingly, we M.A.C.A. No.1842 of 2005 -2- re-fix the income at Rs. 3,000/- per month for the purpose of award of compensation for disability by applying the multiplier relevant for appellant's age. The appellant would be entitled to compensation for disability at Rs. 1,83,600/- as against Rs. 76,000/- granted by the M.A.C.T under two heads one for disability and the other of loss of earning power. We have also find some force in the contentions of the counsel for the appellant to the effect that compensation for temporary disability on account of the accident is too low. Considering the long hospitalisation and the time taken for recovery we feel that compensation awarded by the M.A.C.T is inadequate. Accordingly, we re-fix the compensation under the head for loss of earning capacity for six months at Rs. 18,000/- The appellant is entitled to compensation for loss of enjoyment in life and loss of marriage prospects also. Accordingly, we grant compensation at Rs. 25,000/- under the above said head. The insurance company is directed to deposit the additional compensation with 7 ½ interest from the date of application till payment. The appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A. No. 1842 of 2005 ---------------------------- JUDGMENT 29th September , 2008