IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 2199 of 2006() ----------------------- OP(MV).1113/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONER/APPELLANT: ----------------------------------- PRADEEPKUMAR.K., AGED 39 YEARS, S/O.K.NARAYANAN NAMBIAR, RANALAYAN, EDAVELIKKAL, P.O.MATTANNUR, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.M.V.BIPIN RESPONDENTS: RESPONDENTS: --------------------------- 1. J.B.SAYAD MOHAMMED, S/O.BAVA, THERAKANDATHIL HOUSE, PERAMATTAM, PUTHUPPADY P.O., MUVATTUPUZHA. 2. NILAPPANA VAYALIL RAJU, S/O.GOVINDAN, MENACHIL TALUK, PALA MUNICIPALITY, MARKET ROAD, P.O.PALA. 3. THE ORIENTAL INSURANCE COMPANY LTD., KANNUR. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No. 2199 of 2006 ----------------------------------------- Dated this the 23rd day of October, 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. We have heard counsel appearing for the appellant and standing counsel appearing for the Insurance company. The grievance of the appellant is mainly against the fixation of the reduced amount of income and the reducntion of percentage of disability certified by the Medical board. The appellant while driving a truck was hit by a log porjecting from another lorry coming from the opposite direction It is clear from the evidence that he had lost vision of the right eye and the medical board certified permenant disability at 30%. However the M.A.C.T. accepted disability only at 10%. The counsel for the Insurance Company tried to sustain the reasoning of the M.A.C.T. by arguing that the percentage of disability to the eye should not be treated as physical disability of the same percentage certified by Medical Board We are unable to uphold this contention because loss of vision of one eye will disable the petitioner from pursuing his profession of driving . Infact the renewal of license is declined for the reason of disability Therefore the appellant is entitled to for compensation based on the percentage of disability certified by the medical board so far as the income adopted for -2- the purpose of grant of compensation is concerned we feel that the enhancement is called for because as a driver of heavy vehicle the appellant would not have been earn atleadt Rs.3,000/- per month at the time of the accident. Consequently by applying the monthly income at Rs.3,000/- and the percentage of disability at 30% with the same multiplier the appellant would be entitled to compensation of Rs.1,72,000/- Besides this for loss of earning for 4 months the appellant will get a further sum of Rs. 4,000/- with a direction to the Insurance Company to deposit the additional compensation of Rs. 1,38,400/- with interest at the rate of 7 ½ % from the date of application till the date of payment. This appeal 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.2199 of 2006 ---------------------------- JUDGMENT 23rd October 2008