IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 MACA.No. 997 of 2005() ---------------------- OPMV.511/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- K. NAUSHAD @ NAUSHADALI, AGED 28, S/O. KUNHIMOHAMMED, KALLINGAL HOUSE, ERIYAD P.O. BY ADV. SRI.K.P.MUJEEB RESPONDENTS/RESPONDENTS: ------------- 1. P. VELAYUDHAN, KALPAKASHERI HOUSE, P.O. PUNNAPPALA (DRIVER). 2. K. JISHOR, KALPAKASHERI HOUSE, P.O. PUNNAPPALA. 3. NEW INDIA ASSURANCE CO. LTD., MANJERI. 4. K. ABDUL NAZAR, S/O. AHAMMEDKUTTY, KARAKADAN HOUSE, P.O. NELLIKUTH, MANJERI (OWNER). 5. NATIONAL INSURANCE CO. LTD., MANJERI. BY // THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 997 OF 2005 --------------------------------------------------------- Dated this the 22nd day of September, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV) No.511 of 2000. Since notice was not served on the Insurance Company, by order dated 15.9.2008, we directed the appellant to serve copy to any counsel in the panel of Standing Counsel for the concerned Insurance Company. Counsel appearing for the appellant submitted that none of the counsel in the panel of lawyers is ready to receive notice for the Insurance Company. However, we do not think it necessary to issue fresh notice to the Insurance Company because the enhancement proposed by us is only in respect of the monthly income and the consequent increase required. Hence, we proceed to dispose of the matter after hearing counsel appearing for the appellant and after going through the award. 2. The injury sustained by the appellant is on account of the collision of his motorbike with another motorbike coming in the opposite M.A.C.A.NO.997/2005 2 direction. There is no scope for interfering with the finding of the Tribunal that there is contributory negligence on the part of the appellant to the extent of 50% thereby reducing the entitlement of compensation to 50%. 3. So far far as the claim for enhancement of compensation is concerned, we feel that the income of the appellant fixed at Rs.2,000/- per month for determining compensation for loss of earning is too low. We, therefore, increase the compensation for loss of earning from 48,960/- to Rs.75,000/- and the appellant is entitled to get 50% of the additional compensation. The Insurance Company is directed to deposit 50% of the additional compensation with interest at the rate of 7 1/2 % per annum from the date of application till the date of payment. The appeal is allowed as above. (C.N RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ : 3 : The words “The Insurance Company” occurring paragraph 3 of the judgment dated 22.09.2008 in MACA 997/2005 are substituted by the words “The New India Assurance Co. Ltd.”, vide order dated 11.09.2012 in IA 2086/2012 in MACA 997/2005. Sd/- Registrar Judicial M.A.C.A.NO.997/2005 C.N.RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 997/2005 JUDGMENT 22nd September, 2008