IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 MFA.No. 912 of 2001() --------------------- OP(MV).613/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT : -------------- V.M.ABOOBACKER, S/O MOHAMMED VALIYAKATH HOUSE, CHETTUVA, KUNDALIYOOR THRISSUR BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: --------------- 1. PRASANNAN, S/O BHARATHAN KARUKAPARAMBIL HOUSE THALIKULAM, THRISSUR 2. P.K.RAMDAS, S/O PAPPACHAN KUNCHERY HOUSE VADANAPPILLY P.O, THRISSUR 3. NEW INDIA INSURANCE CO. LTD KUNNAMKULAM BRANCH WADAKKANCHERY ROAD, KUNNAMKULAM . ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.F.A. No.912 of 2001 ----------------------------------------- Dated this the 29th day of September, 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident which led to amputation of his right leg above the knee. The appellant's claim is for enhancement of compensation under various heads including enhancement of percentage of disability. The counsel relied on guide lines issued by the Government of India wherein it is specified that for loss of one leg above the knee, the disability can be fixed at 80%. The counsel for the Insurance Company opposed enhancement and stated that in the Adalath Rs. 2,20,000/- was offered and the same was taken note of by the M.A.C.T. while granting compensation. We feel that the loss of right leg above the knee will virtually make a person disabled for any serious job which needs physical strength. Moreover taking into consideration the fact that the appellant is an uneducated man who is a fisherman and who has to live by his physical strength and mobility, we re-fix the compensation for disability due to loss of right leg above the knee, at 75%,overruling the objection raised by the counsel for the Insurance Company. We are also of the view that the income taken by the M.A.C.T. at Rs.1,250/- per month in the year 1999 is unreasonable. We feel that Rs.2000/- can be fixed as his monthly income. Consequently in accordance with the increased M.F.A. No.912 of 2001 -2- percentage of disability and the income estimated by us, the appellant will be entitled to compensation for loss of disability and earning capacity at Rs. 2,04,000/- as against Rs. 1,27,500/- granted by the M.A.C.T. The appellant at the time of accident was an unmarried man of 25 years of age and lost his right leg above the knee. Certainly this will affect the marriage prospects and enjoyment in life We feel it reasonable to fix compensation Rs. 25,000/- under this head. The counsel for the appellant has produced proof of subsequent treatment. In fact the M.A.C.T. has also noticed that even after the amputation of the leg, the appellant was experiencing agony and oozing of sinus and treatment is required later. In the above circumstances, we grant Rs.25,000/- for fitting an artificial leg and other ancillary expenses besides the above enhanced compensation. We enhance the total compensation to Rs.2,54,000/- We do not find any justification in the decision of the Tribunal in awarding interest at the rate of 6%. We therefore re-fix the interest at 7 ½ percent which the insurance company has to pay on the entire compensation amount inclusive of the additional compensation amount from the date of application till the date of payment. sd/- (C.N.RAMACHANDRAN NAIR,JUDGE sd/- (HARUN-UL-RASHID, JUDGE) es. The figure “Rs.2,04,000/-” occurring in the 3rd line of 2nd page of the judgment dated 29/09/2008 in M.F.A. No. 912/2001 is corrected as “Rs.3,06,000/-” and the figure “Rs.2,54,000/-” occurring in the 14th line of 2nd page is corrected as “2,28,500/-” as per order dated 16/01/2009 in I.A. No. 3083/2008. sd/- Registrar(Judicial) M.F.A. No.912 of 2001 -3- C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.F.A. No. 912 of 2001 ---------------------------- JUDGMENT 29th September, 2008