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 WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 MACA.No. 442 of 2003() ---------------------- OPMV.851/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): --------------------------------------------- JOSE, S/O. ANTHONY, AINIKKAL KANNATH HOUSE, PAZHOOKKARA DESOM, ANNALLUR, MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS 1 TO 3 IN OP(MV): -------------------------------------------- 1. R.SUBRAMANIAN,S/O.RAMASWAMY CHETTIAR, 31/50, SUBRAMANIAPURAM ST. PATHIKKARA, PALAKKAD. 2. K.SELVAKUMAR, S/O. KRISHNA GOWNDER, 19, IRUTTYPRALLAM, ALAMTHURA, COIMBATORE. 3. THE NATIONAL INSURANCE CO., 1ST FLOOR, R.V.R. BUILDINGS, 157, KARAMADAI ROAD, METTUPALAYAM. ADV. SMT.RAJI T.BHASKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.442 of 2003 .................................................................... Dated this the 5th day of August, 2009. JUDGMENT Abdul Rehim, J. The appellant is the claimant before the Tribunal. The appeal is filed seeking enhancement of the compensation awarded. Appellant sustained injuries when a lorry hit against a jeep in which he was traveling. He sustained compound fracture and dislocation of right knee, fracture on the femoral condylar and fracture to the pelvis, along with other injuries. Appellant continued prolonged treatment, both as inpatient and outpatient for a period of more than two years. The injuries sustained had resulted in persistent disability. The disability certificate produced enumerates the difficulties and incapabilities resulted out of the injuries, which prevents the appellant from continuing his occupation. The Tribunal adopted the percentage of disability for the purpose of computation at 25%. Compensation granted for continuing permanent disability and loss of earning power is Rs.76,500/-. A total compensation of Rs.1,35,200/- was awarded. 2 2. Heard learned counsel for the appellant and Standing Counsel for the third respondent-Insurance Company. The appellant contended that the notional income of Rs.1,500/- adopted by the Tribunal, inspite of production of documentary evidence to prove that he is a Driver by profession, is unrealistic and inadequate. It is contended that inspite of evidence to the effect that he continued treatment as inpatient for a total period of 140 days under different spells and inspite of his continued treatment for a period of more than two years, the Tribunal had granted temporary loss of earning only for a period of 12 months. It is further contended that amounts awarded under various heads like expenses of bystander, compensation for pain and suffering, compensation for loss of amenities and enjoyment in life etc. are on the lower side. 3. On evaluation of the evidence on record and considering the facts and circumstances of the case, we feel that the notional income of Rs.1,500/- adopted is on the lower side. Considering the fact that the 3 appellant is a Driver, we moderately estimate his monthly income at Rs.2,000/-. Accordingly we refix the compensation for permanent disability at Rs.1,02,000/- (2000 x 12 x 17 x 25%) instead of Rs.76,500/- awarded by the Tribunal. This will entitle the appellant for an enhancement of Rs.25,500/-. Computed on the above basis, the loss of temporary earning for a period of 12 months will be Rs.24,000/- which will entitle the appellant for an additional sum of Rs.6,000/-. Thus the appellant will be entitled for a total additional compensation of Rs.31,500/- (Rs.25,500/- + Rs.6,000/-). Even though it is contended by counsel that the temporary loss of earning need be awarded for a period of atleast two years, we are not persuaded to accept the contention on the ground that compensation for permanent disability for a total period of 17 years is adopted. On consideration of various amounts awarded under different other heads, we do not think that any interference is called for for enhancement. 4 In the result, the appeal is partly allowed enhancing the total compensation of Rs.1,35,200/- awarded by the Tribunal by a further sum of Rs.31,500/- which will carry interest at the rate of 9% p.a. from the date of claim petition till date of payment. The third respondent- Insurance Company is directed to make payment of the amount within three months. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms