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 TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 MACA.No. 383 of 2003(C) ----------------------- OPMV.2014/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/CLAIMANT -------------------------------- PRAKASAN, S/O.KUTTAN, MATTATHIL HOUSE, PANAMPALAM BHAGOM, ARPOOKARA P.O., KOTTAYAM. BY ADV. SRI.B.PREMOD RESPONDENT(S): RESPONDENTS -------------------------- 1. REJI @ OUSEPH, S/O.MATHEW, KOLLAM PARAMBIL HOUSE, ARPOOKARA P.O. KOTTAYAM. 2. V.M.JOSE, S/O.MATHAI, VELAMPARAMBIL, KUMARAKOM P.O., KOTTAYAM. 3. ORIENTAL INSURANCE CO.LTD., BAKER JUNCTION, KOTTAYAM. 4. RAVEENDRAN E.K., EAZHA PARAMBIL HOUSE, THEKKUMMURY, PULIYANNOOR, PALA. ADV. SRI.SHAJI THOMAS PORKKATTIL FOR R4 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON 08/12/2009 PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR AND C.K.ABDUL REHIM. J.J ------------------------------------------ M.A.C.A.No.383 of 2003 ------------------------------------ Dated this the 8th day of December, 2009 J U D G M E N T C.K.Abdul Rehim.J 1. Claimant in O.P.M.V.No.2014/1997 on the files of the MACT, Kottayam is the appellant. The appeal is filed seeking enhancement of the compensation awarded. The accident occurred when an Autorickshaw in which the appellant was traveling collided with another Autorickshaw. The appellant sustained fracture and dislocation of left ankle joint, fracture of tarsal and metatarsal bones, due to the crush injuries sustained on the left leg. There was severe vascular impairment and bone loss which necessitated below knee amputation of left leg. 2. The appellant was working as a 'Gardener' in a Nursery and claims to have been earning monthly income of Rs.4,000/- (Rupees Four Thousand only). He was at the age of 37 years at the time of accident. Medical Board had issued Ext.A13 Disability Certificate assessing the extent of permanent M.A.C.A.No.383 of 2003 2 disability at 40%. The Tribunal awarded a total compensation of Rs.2,47,500/- (Rupees Two Lakhs Forty Seven Thousand and Five Hundred only). For computation of permanent disability, the tribunal adopted monthly income at Rs.2,000/- (Rupees Two Thousand only) and multiplier of 15. 3. Heard learned counsel for the appellant and standing counsel for the third respondent Insurance Company. Contention of the appellant is that the income adopted by the Tribunal is highly unrealistic and inadequate. It is further contended that amounts awarded under other heads are also on the lower side. The learned counsel also contended that inspite of evidence regarding amputatin of one of the limbs, the Tribunal has not awarded any amount considering the requirement for frequent change of artificial limb and towards expenses for future care and treatment. 4. On an anxious consideration of the impugned award and also the evidence on record, we feel that the Tribunal had awarded reasonable amount under different M.A.C.A.No.383 of 2003 3 heads. However we are persuaded to increase compensation under the head of permanent disability adopting monthly income of the appellant at Rs.2,500/-.Calculated on this basis, compensation under the head of permanent disability need to be refixed at Rs.1,80,000/- (Rupees One Lakh and Eighty Thousand only) [ Rs.2,500/- X 12 X 15 X 40%]This will entitle the appellant for an enhancement of Rs.36,000/- (Rupees Thirty Six Thousand only) [Rs.1,80,000 - Rs.144,000/-]. We are inclined to allow a sum of Rs.15,000/- (Rupees Fifteen Thousand only) towards requirement for the change of artificial limb and expenses for future care and treatment. Thus the total compensation need to be increased by a sum of Rs.51,000/- (Rupees Fifty One Thousand only) [Rs.36,000/- + Rs.15,000/-]. 5. In the result the appeal is partly allowed enhancing the total compensation of Rs.2,47,500/- (Rupees Two Lakhs Forty Seven Thousand and Five Hundred only) awarded by the Tribunal by a further sum of Rs.51,000/- (Rupees Fifty One Thousand only) which will carry interest @ 7.5 % per annum M.A.C.A.No.383 of 2003 4 from the date of the claim petition till payment. The third respondent Insurance Company is directed to make payment of the amount within a period of 2 months from the date of receipt of this judgment. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE ssn