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 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 109 of 2003() ---------------------- OP(MV).1711/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- K.V.RAMESHAN @ RAMESH BABU, S/O. BALAKRISHNAN, AGED 31 YEARS, CONDUCTOR, ERAMAM AMSOM, PERUL DESOM, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENTS 1 TO 3 --------------------------------- 1. K.V.GANGADHARAN S/O. N.GOVINDAN, 38 YEARS, KANDONTHAR, P.O.MATHAMANGALAM, KANNUR DISTRICT. 2. ROY MATHEW, S/O. MATHEW, PRAVAN PARAMBIL, P.O.VELLAD, KANNUR DISTRICT. 3. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., PAYYANNUR BRANCH, P.O.PAYYANNUR. ADV. SRI.AGINOV MATHAPPAN FOR R3 SMT.K.SHERIN MOHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No. 109 of 2003 ----------------------------------------- Dated this the 12th day of November , 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation for the injuries sustained by the appellant who is a bus conductor by profession. While alighting from the rear side of a jeep,the appellant was hit by another jeep driven by the 1st respondent. Even though the appellant sustained major injuries including fracture of both bones of the left leg which led to permanent disability, he did not produce any disability certificate before the M.A.C.T. The M.A.C.T. therefore granted compensation under other heads except for permanent disability. In the normal course, the appellant should be given one more opportunity to produce disability certificate before M.A.C.T. for considering compensation for permanent disability. However we feel a reasonable increase of the total compensation will meet the ends of justice because the accident happened 13 years back and it would not be fair to drag the appellant again before the M.A.C.T. We are also of the view that the income adopted at Rs.50/- per day for a bus conductor is too low. Therefore for the loss of employment for nine months during which period the appellant has undergone treatment, we grant a further sum of Rs.10,000/-. M.A.C.A. No. 109 of 2003 -2- Besides this, having regard to the gravity of the injuries sustained by the appellant we grant a further sum of Rs.25,000/- towards compensation for disability. The Insurance Company is directed to deposit the additional compensation amount i.e Rs. 35,000/- with interest at the rate of 7 ½ % per annum from the date of application till the date of payment. This appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. M.A.C.A. No. 109 of 2003 -3- C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A No. 109 of 2003 ---------------------------- JUDGMENT 12th November, 2008