IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 MACA.No. 1181 of 2006() ----------------------- OPMV.2/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: ---------------------------- RASINA (MINOR),D/O.M.K.ALI, AGED 15 YEARS,REPRESENTED BY FATHER M.K.ALI, S/O.MAMMED,MANJAKUNNEL HOUSE, VALORA, P.O.ULILIL,KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT/RESPONDENT NO.3 : ------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., THALASSERY. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1181 OF 2006 -------------------------------------------- Dated this the 18th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant, who was a minor child of 11 years of age at the time of accident. It is seen that the appellant suffered major head injury leading to permanent disability certified by doctor at 25%. However, MACT reduced the percentage of disability to 5% for want of evidence from Psychiatrist and from Opthalmalogist. We do not think any separate disability certificate is required from specialist in each branch because injury noted even by the MACT itself shows that percentage of disability certified by Neoro-surgeon is quite genuine and believable. For 5% disability, compensation awarded is Rs. 13,500/-, that is by taking into account notional income at Rs. 1500/- per month. Even though counsel for the insurance company pointed out that notional income for children should be taken as Rs. 15000/- 2 per year, we do not think there is any need to interfere with the compensation based on notional income because insurance company has not challenged income adopted by MACT by filing appeal. Considering the percentage of disability certified by doctor which is five times the disability accepted by MACT, we enhance the total compensation by Rs. 50,000/- which will carry interest at 7.5 per cent per annum from the date of application till date of payment. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3