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 14TH AUGUST 2009 / 23RD SRAVANA 1931 MACA.No. 781 of 2004() ---------------------- OPMV.1387/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- PRABHAKARAN, S/O.DAMODHARAN, PENGATTU HOUSE, KUNDALIYOOR P.O.ENGANDIYOOR, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS 1 TO 3. ---------------------------------- 1. BABU, S/O.CHANDRAN, MALLOTH HOUSE, P.O.CHITTILAPPILLY. 2. DIJESH, S/O.BHASKARAN, EDATHALA HOUSE, P.O.CHITTILAPPILLY, THRISSUR. 3. UNITED INDIA INSURANCE CO.LTD., KARUPPAM ROAD, THRISSUR. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 781 OF 2004 -------------------------------------------- Dated this the 14th day of August, 2009 JUDGMENT Abdul Rehim, J. 1. Claimant before the Tribunal is in appeal seeking enhancement of the compensation. He sustained severe head injury which had resulted in permanent disability, the extent of which is assessed as 20%. The appellant claims to be an airconditioning mechanic who had experience in Gulf countries for quite a long period. At the time of the accident, he claims to have been doing airconditioning works at his place of residence. The Tribunal awarded a total compensation of Rs. 1,82,800/-. 2. Heard the learned counsel appearing for the appellant and standing counsel appearing for the third respondent insurance company. The appellant contended that inspite of accepting the evidence that the appellant is an airconditioning mechanic, the notional income adopted by the Tribunal at the rate of Rs. 2500/- per month is highly on the lower side. It is also contended that the amounts awarded under various other heads are unrealistic and inadequate. 2 3. On an anxious scanning of the award we are of the opinion that reasonable amount has already been awarded under different heads. Eventhough it is contended that the income adopted by the Tribunal is too low, the appellant had not adduced any evidence in order to prove his earnings. However, in our considered opinion the income of Rs. 2500/- per month is slightly on the lower side and we are inclined to refix the income at Rs. 3000/- per month. This will entitle the appellant for enhancement of compensation under the head of permanent disability by a sum of Rs. 14,400/-. We do not find any reason to interfere with the amounts awarded under other heads. In the result, the appeal is partly allowed enhancing the total compensation of Rs. 1,82,800/- awarded by the Tribunal by a further sum of Rs. 14,400/- which will carry interest at the rate of 7.5% per annum from the date of Claim Petition till payment. The third 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) kk Judge. 3