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 12TH JUNE 2009 / 22ND JYAISHTA 1931 MACA.No. 1872 of 2007() ----------------------- OPMV.207/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S)/PETITIONER: ---------------------------------- NARAYANAN, AGED 65 YEARS, S/O.SANKARAN, THEKKOTT PARAKKAL HOUSE, KADALASSERY DESOM, VELLACHIRA, THRISSUR. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S): RESPONDENTS: -------------------------- 1. SUKUMARAN, AGED 52 YEARS, S/O.VELAPPAN, KARAKKADA HOUSE, KUZHIKKATTUKONAM DESOM, MADAYIKONAM VILLAGE, THRISSUR- 680 712. 2. SHAJU K.K. KARAKKADA HOUSE, MADAYIKONAM, KUZHIKKATTUKONAM, THRISSUR- 680 712. 3. UNITED INDIA INSURANCE CO.LTD., SIMLE COMPLEX, KURUPPAM ROAD, THRISSUR. POLICY NO.100606/31/05/05117 VALID FROM 30/06/05 TO 29/06/06. ADV. SRI.J.MATHAPPAN FOR R3 SMT.K.SHERIN MOHAN FOR R3 SRI.C.CHANDRASEKHARAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ---------------------------------------------- M.A.C.A. No.1872 of 2007 --------------------------------------------- Dated this the 12th day of June, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. 1. The claimant in OP(MV) No.207/06 on the files of the Motor Accident Claims Tribunal, Ottapalam is the appellant. The accident occurred when a Motor Cycle hit on him while he was walking through a public road. The Tribunal found that the accident occurred due to negligence on the part of the rider of the motor cycle. The 3rd respondent being the insurer of the motor vehicle, was held liable to pay the compensation awarded. The appellant sustained severe head injury along with fracture of right zygomatic arch and cerebral concussion and also various other lacerated injuries. On diagnosis it was found that there is tentorial haemorriage, optic nerve concussion and biceps tendon injury. In Ext.A10 Neuropsychological Assessment report it is noted that the appellant had moderate cognitive dyspunction and the percentage of cognitive disability is assessed at 51%. In Ext.A11 certificate it is observed that the appellant had 5% whole body impairment due to risk of epilepsy and convulsive MACA.1872/07 2 disorder and also impairment on left upper limb. The Tribunal, for the purpose of calculating compensation for permanent disability, took the percentage of disability as 8%. The petitioner is a 65 year old coolie worker, claims to have been earning Rs.4,000/- per month. However, the Tribunal took his income at the rate of Rs.2,000/- while computing compensation for permanent disability. The contention of the appellant is that the monthly income as well as percentage of disability adopted by the Tribunal is highly on the lower side. Further it is argued that the Neuropsychological deficiencies will cause total disablement from continuing any sort of work and that the disorders like epilepsy and convulsion will continue lifelong, restraining the appellant from peaceful enjoyment of life. It is also contended that the sum of Rs.15,000/- granted as consolidated amount under the heads of pain and suffering and loss of amenities, is too inadequate. 2. It is evident from the medical records that the petitioner had continuing permanent Neuropsychological deficiencies which will prevent him from being engaged in any sort of work. It is also evident that the persistent deficiencies will prevent peaceful enjoyment of life all along his life time. Hence we feel that the total compensation of Rs.59,150/- awarded by the Tribunal is grossly inadequate. On an anxious MACA.1872/07 3 consideration of the entire evidence on record and the facts and circumstances of the case, we feel it only just and reasonable to enhance the compensation by an additional sum of Rs.25,000/-, in order to meet the ends of justice. In the result, the total compensation of Rs.59,150/- is ordered to be enhanced by an additional sum of Rs.25,000/-. The additional amount will carry interest @ 7% per annum from the date of application, i.e: from 22.2.2006 onwards till payment. The 3rd respondent Insurance Company is directed to make payment of the amount within a period of three months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb