IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 MACA.No. 955 of 2005() ---------------------- OPMV.1952/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- ERUMMAL HUSSAIN, S/O. MUHAMMED, AGED 54 YEARS, TRADERS, RESIDING AT AYOOR HOUSE, KATAMPALLI, KANNUR DIST. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.M.K.SUMOD RESPONDENT(S): RESPONDENTS: --------------------------- 1. M.P.IBRAHIM, S/O.MAMMU MUSALIAR, PUTHIYA PURAYIL, P.O. MANIKOTH, KASARAGOD DISTRICT 2. THE NEW INDIA INSURANCE CO. LTD., M.G. ROAD, KASARAGOD. ADV. SRI.N.S.MOHAMMED USMAN FOR R2 SRI.THOMAS MATHEW NELLIMOOTTIL FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ M.A.C.A.No.955 OF 2005 ------------------------ Dated this the 14th day of June, 2010 JUDGMENT Abdul Rehim , J. Claimant before the Tribunal is in appeal seeking enhancement of the compensation awarded. He sustained injuries in a motor vehicle accident, which occurred on 29/7/1997, when a motor cycle knocked him down on a public road near to Kanhangad Market. He sustained fracture to the neck of left Femur along with other minor injuries. Injuries sustained to the appellant had resulted in causing permanent partial disability, which was assessed by a Doctor who examined him in Ext.A8 Disability Certificate as 30%. The Tribunal found that the assessment regarding extent of disability is not proper and the assessment is not made in accordance with 'Mc'Brides Scale'. Considering the extent of disability as 5% and fixing monthly notional income at Rs.1250/-, compensation of Rs. 8250/- was awarded on account of permanent disability. 2. Counsel for the appellant argued that the tribunal went erred in not considering evidence adduced to the effect that the MACA.No.955/2005 2 appellant was a hawker and was earning a monthly income of Rs.2000/- and the fixation of his monthly income at Rs.1250/- is highly inadequate. The assessment of disability by the Tribunal at the extent of 5% is not realistic, is the contention. 3. Considering the fact that the no documentary evidence was produced regarding income of the appellant and also considering the fact that the accident occurred during the year 1997, we feel that refixation of notional monthly income at Rs.1500/- will only be a moderate estimation. It is evident that the appellant sustained fracture on the neck of left Femur and he had undergone surgery to manage the facture. It is also evident that he was continuing treatment for a long time. While examining as PW1, the appellant deposed that he is unable to walk and sit for a long time. It is also evident that there is shortening of the left leg. Considering all these aspects, a reasonable assessment regarding the extent of disability at 10% will be justified. Calculated on the above basis, we are inclined to refix compensation for permanent disability at Rs.19800/- (1500 x 12 x 11 x 10%). This will entitle the appellant for an additional compensation of Rs.11,550/- MACA.No.955/2005 3 (19800-8250/-). The loss of earnings calculated for six months need be refixed at Rs.9000/-(1500 x 6) which will entitle the appellant for an additional sum of Rs.1500/-. Even though learned counsel canvassed for enhancement of amounts awarded under various other heads, in our considered opinion we do not find any ground for interference on those counts. 4. In the result, the appeal is allowed in part. The appellant is entitled for an additional compensation of Rs.13050/- over and above the compensation granted by the Tribunal. The said amount will carry interest at the rate of 9% p.a. from the date of filing of the claim petition till realisation. 5. The 2nd respondent Insurance Company is directed to deposit the amount within two months from the date of receipt of a copy of this judgment. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk MACA.No.955/2005 4 PIUS C.KURIAKOSE & C.K.ABDUL REHIM, J J ------------------------ M.A.C.A.No.955 OF 2005 ------------------------ JUDGMENT 14th June 2010