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 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 1328 of 2005() ----------------------- OPMV.622/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S)/PETITIONER: ----------------------- M.K.RAJAGOPAL, S/O.ACHUTHA MENON, MITHILA HOUSE, CONVENT ROAD, OTTAPALAM. BY ADVS. SRI.D.KRISHNA PRASAD SRI.D.NARENDRANATH SRI.M.HARISHARMA SRI.T.P.ELDHOSE RESPONDENT(S)/RESPONDENTS: --------------- 1. SURESH BABU, S/O.THANKAPPAN, ASARIPARAMBIL HOUSE, S.R.K.NAGAR, PALAPPURAM, OTTAPALAM. 2. MANIKANDAN, S/O.KRISHNAN NAIR, ADHIKARATH VEEDU, SOUTH PANAMANNA, OTTAPALAM. 3. THE NEW INDIA ASSURANCE CO.LTD., J.R.J.COMPLEX, MAIN ROAD, OTTAPALAM, PALAKKAD DISTRICT. ADVS. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 SRI.E.R.VENKATESWARAN FOR R1 SRI.R.SREEHARI FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1328 OF 2005 --------------------------------------------------------- Dated this the 2nd day of December, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. The Motor Accidents Claims Tribunal, Ottapalam awarded a total compensation of Rs.48,000/- out of which Rs.24,000/- accounts for reimbursement of medical expenses. Appellant, a retired Professor, was knocked down by an autorickshaw while he was travelling in a scooter. He sustained abrasion all over and suffered minor fracture of the left leg bone. He was treated in three hospitals and had undergone surgery involving bone grafting. It is stated that after retirement the appellant was running a tuition centre and was earning good income. However, no disability certificate is produced from any hospital. In the circumstances, the Tribunal granted compensation of Rs.7,500/- towards loss of earning for three months. 2. Counsel appearing for the appellant rightly pointed out that the M.A.C.A. NO.1328/2005 2 monthly income fixed at Rs.2,500/- is very low. Moreover, according to him, even though disability certificate is not produced, the appellant's earning power is reduced on account of the injuries sustained by him. Taking into account the disability which may have lasting effect, we enhance the total compensation by Rs.15,000/- which will carry interest at the rate of 7.5% per annum from the date of application till date of payment. The Insurance Company will deposit the amount without delay. Appeal is disposed of as above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO.1328/2005 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 1328/2005 JUDGMENT 2nd December, 2008