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 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 MACA.No. 1800 of 2005() ----------------------- OPMV.723/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- SIDDIQUE K.T., S/O. MOHAMMED KUTTY, AGED 21 YEARS, KOLAPPURAM HOUSE, KOTTAPPURAM P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA RESPONDENTS: RESPONDENTS: ------------------------- 1. K. SANKARA NARAYANAN, S/O.MADHAVAN, KAVATHIYATTIL HOUSE, KAVALAPPARA P.O., KAREKKAD, SHORNOOR, PALGHAT DISTRICT. 2. PAUL KURUVILLA, S/O. T.V.KURUVILLA, THOTTUNGAL HOUSE, VATTAKATTUPADY, PERUMBAVOOR P.O. (OWNER). 3. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, P.B.NO.8, JYOTHI SUPER BAZAR, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- M.A.C.A.NO. 1800 OF 2005 ----------------------------------------------------------------- Dated this the 17th day of September, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant who was involved in a bike accident. The appellant, who was a fish vendor, while travelling in a motor bike was hit by a Maruti car which led to extensive injuries to his leg, pelvis etc. It is seen from the award that the appellant was granted reimbursement of medical expenses to the tune of Rs.83,154/-. The case of the appellant is that the compensation awarded towards expenses for the bye stander is too low because he was in the hospital for 52 days. Besides this, it is his case that the income fixed for the purpose of determining compensation for loss of earning for one year and also for disability is too low. . 2. Counsel appearing for the Insurance Company contended that there is no evidence regarding the income earned by the appellant and, therefore, Rs.15,000/- was adopted for fixing compensation in terms of the guidelines contained in the statute. We are unable to uphold the award M..A.C.A.NO.1800/2005 2 fixing the income of the appellant at Rs.15,000/- per annum because the appellant being a young person of 21 years of age at the time of accident would be able to earn more than Rs.15,000/- a year. We, therefore, refix his income at Rs.3000/- per month leading to entitlement of additional compensation of Rs.21,000/- for loss of employment for one year on account of the accident and consequent disability. Similarly compensation for disability will go up from Rs.12,750/- to Rs.30,600/-. We also grant a further sum of Rs.5,000/- towards expenses for extra nourishment and bye stander. 3. Third respondent-Insurance Company will deposit the additional compensation with interest at 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/ M..A.C.A.NO.1800/2005 3 C.N.RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A.NO. 1800/2005 JUDGMENT 17th September, 2008 M..A.C.A.NO.1800/2005 4