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 THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 MACA.No. 329 of 2007() ---------------------- OPMV.849/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER: -------------------------------------------- S.MAHENDRAN, S/O.K.S.SREEDHARAN, AGED 29 YEARS, KALLITHODI HOUSE, PERUMUDIYUR POST, PATTAMBI, PALAKKAD DISTRICT. BY ADVS. MR.E.R.VENKATESWARAN, MR.R.SREEHARI. RESPONDENT(S): RESPONDENTS 1 TO 3: -------------------------------------------------------------- 1. RAMACHANDRAN S/O.RAMAN NAIR, AGED 40 YEARS, KANNAMPARAMBIL HOUSE, CHERUPULASSERY POST, PALAKKAD DIST.(DRIVER OF KL 9J 7470 LORRY - DL NO.5365/POL/87, BADGE NO.23/94/90, VALID FROM 01/02/2003 TO 01/02/2006. 2. A.SHAREEF, AGED 42 YEARS, S/O.ABDUL RAHIMAN, ALIKKAL HOUSE, OTTAPALAM ROAD, CHERPULASSERY POST, PALAKKAD DISTRICT ( RC OWNER OF KL 9J 7470 LORRY). 3. ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE II, PRAMOT BUILDING, CHEROOTTY ROAD, CALICUT 1 (INSURER OF KL 9J 7470 LORRY - POLICY NO.4914 VALID FROM 31-08-02 TO 30-08-2003). R3 BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM,JJ. ------------------------------- MACA.NO. 329 of 2007 --------------------------------- Dated this the 5th day of February, 2009 JUDGMENT Ramachandran Nair,J. This appeal is filed for enhancement of compensation for the injury sustained by the appellant. In the connected appeals Nos.415/2005 and 78/2007, we held that contributory negligence on appellant's side is 50%. Therefore compensation awarded will stand reduced by 50%. 2. Counsel for the appellant referred to the medical records and pointed out that the appellant has suffered major disabilities in hearing and vision and he needs further treatment. We find force in the contention because the injuries to the head led to disability in vision and hearing. Further the MACT has reduced the income towards personal expenses while determining the compensation for disability. The annual gross income adopted by the MACT was Rs.3750/- p.m. Since we find no justification for reducing 1/3rd for personal expenses, this is taken as net income for fixation of compensation for disability. MACA. 329/2007 2 Consequently, the total compensation payable for disability will be Rs.2,43,000/- as against Rs.1,62,000/- granted by the MACT. The additional compensation works out to Rs.81,000/- and since 50% contributory negligence is found by us, the appellant will be entitled to additional compensation of Rs.40,500/-. We feel the appellant is entitled to some additional sum towards future medical treatment which we estimate at Rs.20,000/-. Out of which 50% will stand reduced on account of contributory negligence. The additional compensation of Rs.50500/- will carry interest at 7.5% p.a. from the date of application till the date of payment. The appeal stands allowed as above. C.N.RAMACHANDRAN NAIR,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ MACA. 329/2007 3