IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 1ST JANUARY, 2009 / 11TH POUSHA,1930 MACA.No. 418 of 2003 (OPMV.260/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM) .................... APPELLANT/APPLICANT: ------------------------------------ MR. MOHANAN, S/O. KRISHNAN, PULILVILA, VEEDU, VELLAR, VATTAPPARA, PACHALOOR DESOM, THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.MANU MOHAN SRI.SREELAL N.WARRIER RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. MR. K. REGHUNATHAN, LAYAM, KANNANMOOLA, THIRUVANANTHAPURAM. 2. MR. CHANDRAN NAIR, S/O. VAMADEVAN NAIR, CHANDRALAYAM, PACHALLOOR, THIRUVANANTHAPURAM. 3. THE NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, THIRUVANANTHAPURAM. ADV. SRI.RAJAN P.KALIYATH FOR R3 SRI.M.R.ANANDAKUTTAN FOR R1 & R2 SRI.B.SATHIQ FOR R1 & R2 SMT.SHIRMILA. C.S. FOR R1 & R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No. 418 of 2003 - D --------------------------------------------- Dated this the 1st day of January, 2009 J U D G M E N T Ramachandran Nair, J: This appeal is filed for enhancement of compensation awarded by the Motor Accidents Claims Tribunal. 2. We have considered the grounds raised by the appellant and we have heard Standing Counsel appearing for the third respondent, the insurance company. Even though Standing Counsel for the insurance company referred to the judgment of the Supreme Court reported in the Divisional Controller, K.S.R.T.C. v. Mahadeva Shetty and another [III (2003) ACC 57 (SC)] wherein the Supreme Court has reduced the compensation in respect of a paraplegic to Rs.4.5 lakhs, we feel in this case, the appellant has become a quadriplegic at the age of 36. We feel, modification of income for grant of compensation for permanent disability is required. For this purpose, we refix the monthly income at Rs.2500/- which will entitle the appellant for additional compensation of Rs.96,000/-, i.e., in addition to the MACA NO. 418 of 2003 :-2-: compensation for loss of earning power fixed by the M.A.C.T. at Rs.3,84,000/-. Except the grant of additional compensation for loss of earning power, no other modifications are called for to the award. The additional compensation granted by us will carry interest at the rate of 7.5% per annum from the date of application till the date of realisation. The appeal will stand allowed to the above extent. C.N.Ramachandran Nair, Judge. V.K.Mohanan, Judge MBS/ MACA NO. 418 of 2003 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- M.A.C.A.NO. OF 200 -------------------------------------------- J U D G M E N T DATED: -1-2009 MACA NO. 418 of 2003 :-4-: