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 FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 MACA.No. 121 of 2006() ---------------------- OPMV.1778/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- VIJAYAN, 25 YEARS, S/O. KRISHNAN, POTTAMMEL HOUSE, EAST KODUR, PARAYANAGADI, EAST KODUR P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. ABBASS, S/O. ABOOBACKER, KARUVANTHODI HOUSE, KARUVAN AMSOM, VATTALLOOR P.O., MALAPPURAM DISTRICT. (DRIVER). 2. ABDUL AZEEZ, S/O. ABDUL MUSLIYAAR, THOTTOLI HOUSE, CHERUKUKLAMBA, VATTALOOR P.O., MALAPPURAM DISTRICT. (OWNER). 3. NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE, UP HILL, MALAPPURAM. (INSURER OF THE VEHICLE). ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM FOR R1,2 SRI.M.RAJAGOPALAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 121 OF 2006 -------------------------------------------- Dated this the 31st day of July, 2009 JUDGMENT Abdul Rehim, J. The claimant before the Tribunal is the appellant. The appeal is filed seeking enhancement of the compensation awarded by the Tribunal. The accident occurred when the appellant, who was walking along the side of a public road, was knocked down by a Jeep. The appellant sustained severe head injury, which had resulted in continuing permanent disability which is assessed by the Medical Board at 50%. The appellant was aged 22 years at the time of the accident. He claimed to be working as Door Checker in a Bus during that time. The claim of the appellant was that he was getting daily wages ranging from Rs. 230/- to Rs. 270/- per day. PW2 is the driver of the bus in which the appellant was working, who gave evidence in support of the claim for loss of earnings. The Tribunal accepted the evidence regarding employment of the appellant. But, for the purpose of computing compensation for continuing permanent disability, the 2 Tribunal adopted only notional income of Rs. 1500/- per month. According to the appellant, the amount granted by the Tribunal under the head of permanent disability and loss of earning power is highly unrealistic and inadequate. 2. We have heard learned counsel appearing for the appellant and standing counsel appearing for the insurance company. The appellant contended that having accepted the employment, the Tribunal ought to have adopted a reasonable income, which would have been derived by a person working as a Door Checker. On the other hand, the learned standing counsel contended that only the Driver of the Bus was examined in order to prove the employment and that witness has not disposed anything specific about the income of the appellant during that time. However, considering the fact that there is evidence to the effect that the appellant was employed in a Bus service, in our considered opinion the monthly income can moderately be fixed as Rs. 2000/- per month. Accordingly the amount under the head of permanent disability need be refixed at Rs. 2,04,000/- (2000x12x17x50%). Calculated on that basis, the loss of earning for a period of one year granted by the Tribunal at Rs. 18,000/- need be fixed as Rs. 24,000/-. Learned counsel appearing for the appellant contended 3 that inspite of specific claim, the Tribunal had not granted any compensation towards loss of amenities and enjoyment in life. We are inclined to grant a sum of Rs. 15,000/- under that head. Thus the appellant is entitled for a total enhancement of Rs. 72,000/- (Rs. 51,000 + Rs. 6,000/- + Rs. 15,000/-). Counsel also contended that the rate of interest at 6% granted by the Tribunal is on the lower side. We are inclined to increase the rate of interest to 7.5% per annum. In the result, the appeal is partly allowed enhancing total compensation of Rs. 2,81,308/- awarded by the Tribunal by a further sum of Rs. 72,000/-. The original amount of compensation awarded by the Tribunal as well as enhancement granted in this appeal will carry interest at 7.5% per annum 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 three months. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 4