IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MACA.No. 469 of 2003() ---------------------- OPMV.99/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT:PETITIONER ----------------- T.M.ABDUL SHUKUR @ SHUKUR, S/O.T.MOHAMMEDKUNHI,AGED 38 YEARS, THERUVATH HOUSE,PULIKUNNU, KASARAGOD TALUK. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: ------------- 1. SOMARAJAN.T.P. S/O.NARAYANAN NAIR, RARAMBALATHIL, P.O.MUTTANCHERRY, (VIA) NARIUNHI,MADAVOOR VILLAGE,' KOZHIKODE. 2. K.SADANANDAN NAIR, S/O.UNNERI NAIR, KAPPADAKKAL HOUSE, P.O.MUTTANCHERRY, (VIA) NARIKUNHI,KOZHIKODE. 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD BRANCH OFFICE,KINGSWAY BUILDING, MAVOOR ORAD JUNCTION,CALICUT. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 469 OF 2003 -------------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel appearing for the appellant and standing counsel appearing for the third respondent. The appellant has suffered injuries in an accident caused by the first respondent. The lorry that hit the appellant's car was admittedly insured by the third respondent. It is seen from the award of the Tribunal that appellant underwent treatment for fracture of leg and arm and even though he had been in the hospital and out of employment, he completely recovered and took up employment again in Middle-east (Kuwait). The Tribunal has awarded Rs. 5,000/- towards transportation charges to the hospital. Medical reimbursement granted is Rs. 26,000/-. Besides this, Rs. 15,000/- is granted for pain and sufferings and another Rs. 75,000/- towards disability. Appellant's grievance is that his income taken at Rs. 10000/- for fixing compensation on account of disability is incorrect and he was 2 earning four times this amount in Kuwait. Even though appellant has stated that he was a sales executive earning Rs. 48,000/- no evidence was produced to prove the same before the Tribunal. Had appellant produced particulars of his NRI account operated in India, the same would have thrown some light on his earnings abroad. In any case, at this distance of time, we do not think there is any need to remand the case. However, having regard to the earnings of people abroad, and the disability certificate issued by the Medical Board, we feel some modification is required in regard to amount awarded towards compensation. Accordingly we increase the compensation for disability from Rs. 75,000/- to Rs. 1,25,000/-. The additional compensation will carry interest at the rate of 7.5 per cent per annum from the date of application till date of deposit. Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3