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 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 MACA.No. 1794 of 2006() ----------------------- OPMV.1240/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): APPELLANT/CLAIMANT -------------------------------- REJI GEORGE, AGED 32 YEARS, PUTHUPARAMBIL HOUSE, MUTHOOR P.O., THIRUVALLA. BY ADV. SRI.SEBASTIAN PHILIP RESPONDENT(S): RESPONDENTS -------------------------- 1. SANTHOSH MATHEW, S/O.MATHEW VARGHESE, MATTATHIL HOUSE, THATTAKKADU, CHANGANASSERY, KOTTAYAM DISTRICT. 2. RAJESH, S/O.RAJAPPAN, MAMPUZHAKKAL HOUSE, VELLOOR, PAMPADY, KOTTAYAM. 3. NATIONAL INSURANCE CO., KOTTAYAM. ADV. SMT.GIRIJA.L. FOR R1 & 2 SRI.P.JAYASANKAR, SC FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON 26/11/2008 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1794 of 2006 .................................................................... Dated this the 26th day of November, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for the Insurance Company. Appeal is for enhancement of compensation for the injury sustained by the appellant in the road accident. The injury sustained in the accident led to amputation of right leg of the appellant above the knee. The other leg was also seriously damaged and consequently disability is virtually 100%, even though 75% is the disability certified by the medical team. We find force in the contention of the appellant that the income fixed for the appellant at Rs.1,500/- per month is very low. Even though Standing Counsel pointed out that there is no evidence about the employment or earning of the appellant and the income fixed at Rs.1,500/- per month is reasonable, we feel a young man of 25 years like the appellant would be able to earn atleast Rs.2,000/- per month even as a cooli. We, therefore, refix the income of the appellant at Rs.2,000/- per month 2 which will lead to an increase of Rs.76,500/- for compensation towards disability. Further, appellant will be entitled to a further sum of Rs.3,000/- for loss of earning for six months. Besides the above, since the appellant's leg is amputated, we feel compensation should be granted for fixation of artificial limb periodically and for future medical care. We grant an additional compensation of Rs.15,000/- under this head. The additional compensation of Rs.94,500/- will carry interest at 7.5% p.a. from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms