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 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 383 of 2004() ---------------------- OPMV.821/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S)/PETITIONER IN OP(MV): --------------------------------------------- SUNIL, S/O. CHANDRAN, CHETTIYAMPARAMBIL HOUSE, ELINJIPRA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS 1 TO 3 IN OP(MV): -------------------------------------------- 1. N.X.PAUL, S/O. N.C.XAVIER, NADUVILE VEETTIL HOUSE, PALARIVATTOM P.O., KOCHI-682 025. 2. JOY K.M., S/O. MATHAI, KARIPPAI HOUSE, PARIYARAM P.O. 3. MANAGER, ORIENTAL INSURANCE CO. LTD., SOUTH JUNCTION, CHALAKUDY. ADV. SRI.K.S.DILIP FOR R1 SRI.SAJU N.A. FOR R1 SRI.MATHEWS JACOB (SR.) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 383 OF 2004 --------------------------------------------------------- Dated this the 17th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. Appellant was only 23 years of age at the time of the accident. He suffered major injury to his right leg. The photograph produced by counsel for the appellant shows that the appellant has suffered deformity of the leg which appears to us to be permanent in nature. In any case, since the appellant was a goldsmith by profession, we do not think there is any need to increase the percentage of disability fixed by the Tribunal at 15%. However, enhancement is called for because the income fixed at Rs.1,500/- per month is very low. We refix the income of the appellant at Rs.3,000/- per month which will entitle him for an additional compensation of Rs.45,900/- for disability. We also grant a further sum of Rs.9,000/- for loss of employment for three months and an additional amount of Rs.10,000/- for loss of enjoyment in life. The 2 additional compensation of Rs.64,900/- granted by this Court will carry 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/ 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 383/2004 JUDGMENT 17th November, 2008