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 5TH AUGUST 2009 / 14TH SRAVANA 1931 MACA.No. 425 of 2003() ---------------------- OPMV.1068/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV): --------------------------------------------- MOHAMMED @ MAMMATHU, S/O. KADER, VEERATHEIDAVAZHY HOUSE, KAIPAMANGALAM DESOM & VILLAGE, CHALINGADU P.O., KODUNGALLUR TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP (MV): -------------------------------------- 1. P.M.ANWAR, PALLIPARAMBIL MANA, CHENDRAPINNI, KODUNGALLUR TALUK. 2. NAZIR, S/O. VEERAN, MELATTATHU HOUSE, CHENDRAPINNI EAST, CHENDRAPINNI P.O., EDATHIRUTHI VILLAGE, KODUNGALLUR TALUK. 3. BRANCH MANAGER, ORIENTAL INSURANCE CO., MANAPPAT BUILDING, NORTH NADA, KODUNGALLUR-680 664. ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.425 of 2003 .................................................................... Dated this the 5th day of August, 2009. JUDGMENT Abdul Rehim, J. Appellant is the claimant before the Tribunal. Appeal is filed seeking enhancement of the amount awarded by the Tribunal. The appellant sustained injuries when an Autorickshaw in which he was traveling capsized. He sustained injury to right thumb which was amputated. PW2 Doctor has issued Ext.A7 disability certificate assessing the extent of persistent disability as 25%. According to the appellant he was working as a Headload worker and he had produced Ext.A9 Identity Card issued by the Labour Officer. The Tribunal adopted only a notional income of Rs.800/- per month for the purpose of computing compensation for permanent disability. 2. Heard learned counsel appearing for the appellant and Standing Counsel for the third respondent-Insurance Company. The appellant contended that the amount of notional income adopted by the Tribunal inspite of proof regarding occupation of the appellant, is 2 highly unrealistic and too inadequate. It is evident from the records that Ext.A9 certificate was produced in proof of employment of the appellant as a Headload worker. But the Tribunal had not adverted to the said document. However, we feel that fixation of the notional income of the appellant at Rs.800/- per month is on the lower side. We are inclined to increase the monthly income of the appellant at Rs.1,250/- for the purpose of computing compensation for permanent disability. On that basis the compensation for permanent disability need be refixed as Rs.60,000/-, which will entitle the appellant for an additional sum of Rs.21,600/-. The Tribunal had granted temporary loss of earning for a period of six months. When computed on the basis of monthly income at Rs.1,250/-, the appellant is entitled for an enhancement of Rs.2,700/- under that head. Thus the appellant is entitled for a total enhancement of Rs.24,300/-. 3. In the result, the appeal is partly allowed enhancing the total compensation of Rs.80,000/- awarded by the Tribunal by a further sum 3 of Rs.24,300/-, which will carry interest at the rate of 9% p.a. from the date of the claim petition till payment. The third respondent-Insurance Company is directed to make payment within a period of three months. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms