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 28TH AUGUST 2009 / 6TH BHADRA 1931 MACA.No. 451 of 2004() ---------------------- OPMV.1040/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: --------------------------- SIVAN, S/O.RAMAKRISHNAN NAIR, EMBRAMADATHIL HOUSE, KUTHUKUZHI, KOTHAMANGALAM, REPRESENTED BY HIS WIFE AND NEXT FRIEND SUDHA, W/O.SIVAN, EMBRAMADATHIL, KUTHUKUZHI, KOTHAMANGALAM. BY ADV. SMT.ANNIE PAUL SRI.PHILIP J.VETTICKATTU RESPONDENT(S): RESPONDENTS: -------------------------- 1. KORA, MAILANGAL HOUSE, KOTTAPPADY, KOTHAMANGALAM. 2. JOY, S/O.MATHAI, KOYIKKAKUDY HOUSE, KITHUKUZHI, KOTHAMANGALAM. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD. CHURCH VIEW JUNCTION, KOTHAMANGALAM. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ---------------------------------- M.A.C.A. No.451 of 2004 ---------------------------------- Dated this the 28th day of August, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. Claimant is in appeal seeking enhancement of the compensation awarded. The appellant sustained injuries when a Motor Cycle had knocked down him while walking along the public road. The appellant sustained haemorrhagic contusion on the right tempero parietal region with subarachnoid Haemorrhage and subdural Haematoma. Emergency evacuation of Haematoma was done. Inspite of specific claim that the appellant was a skilled labourer, no evidence was adduced and the Tribunal took notional income of the appellant at Rs.1500/-. A total compensation of Rs.86,300/- was awarded under different heads. 2. Heard learned counsel for the appellant and the Standing Counsel for 3rd respondent/insurance company. The appellant contended that there is evidence adduced to the effect that the appellant was on regular treatment for post traumatic epilepsy and such treatment will have to continue lifelong. But the Tribunal erroneously held that there is no evidence for permanent disability and refused to award anything under that MACA.451/04 2 head. It is contended that the income adopted at Rs.1500/- is unrealistic and the compensation for temporary loss of earning awarded by the Tribunal need enhancement. 3. On an active consideration of the evidence on record and facts and circumstances of the case we do not think that any interference is called for with respect to the quantum of compensation awarded under different heads. However, considering the fact that the notional income Rs.1500/- adopted is slightly on the lower side and considering the fact that the Tribunal had not awarded any amount towards compensation for permanent disability, we are inclined to enhance the total compensation by a sum of Rs.15,000/-, which will be just and reasonable to meet the ends of justice. 4. In the result the appeal is partly allowed enhancing the total compensation of Rs.86,300/- awarded by the Tribunal by a further sum of Rs.15,000/-, which will carry same rate of interest awarded by the Tribunal from the date of the claim petition till payment. The 3rd respondent/insurance company is directed to make payment of the award within a period of three months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb