IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 732 of 2006(Y) ----------------------- OPMV.1099/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S)/PETITIONER ---------------------------------- K.S.PHILIP, AGED 46 YEARS, S/O.K.J.SAKARIA, KADAVIL HOUSE, 48/16-A, POTTAKUZHI, ELAMAKKARA, KOCHI-26. BY ADVS. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.MANJUSHA MOHANDAS RESPONDENT(S): RESPONDENTS -------------------------- 1. P.E.SALAM, S/O.P.M.IBRAHIM, IX/45, PERAKULATH HOUSE, KUSUMAIRI P.O., KAKKANADU, KOCHI-30. 2. GOPALAKRISHNAN, S/O.M.K.SANKARAN, MAALLIEKA PARAMBIL HOUSE, NORTH OF GEE TOURIST HOME, THRIKKAKARA NORTH VILLAGE, KOLLAMKUDIMUGAL KARA. 3. THE NATIONAL INSURANCE COMPANY LTD., TIRPUNITHURA DIVISION, P.B.NO.48, DAMODAR CHAMBER, STATUE JUNCTION, TRIPUNITHURA, PIN-682 301. ADV. SRI.JOE KALLIATH FOR R3 SRI.T.M.ABDUL LATHEEF FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A. NO. 732 OF 2006 --------------------------------------------------------- Dated this the 12th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant. Counsel appearing for the appellant contended that deduction at 25% towards contributory negligence is not justifiable. We do not find any ground to interfere with this part of the award because the appellant fell down from a running bus which certainly shows that he was not careful. However, we find some force in the contention of the appellant that the income adopted for fixing loss of earning is very low. The appellant was engaged as Deputy Manager in a Dredging Company and we feel at least Rs.10,000/- should be fixed as his monthly income for the purpose of granting compensation for loss of earning for three months. This will entitle the appellant for an additional compensation of Rs.18,000/-. After deducting 25% of this amount towards contributory negligence, the balance amount will be paid by the Insurance Company M.A.C..A. NO.732/2006 2 with interest at the rate of 7.5 % per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C..A. NO.732/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 732/2006 JUDGMENT 12th November, 2008