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 MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 MACA.No. 382 of 2004() ---------------------- OPMV.615/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER IN OP(MV): ---------------------------------------- N.J.CHANDY @ SUNNY, S/O. JOSEPH, AGED 33 YEARS, NELLIYANIYIL HOUSE, PALLIKUNNU P.O., WAYANAD. BY ADV. SRI.T.KURIAKOSE PETER SRI.ABRAHAM P.GEORGE RESPONDENT(S): RESPONDENTS IN OP(MV): ------------------------------------- 1. PANALI MAJEED, S/O. ABDUL RAHIMAN, KAMBALAKKAD, KANIAMBETTA. 2. BABY SEBASTIAN, S/O. SEBASTIAN, VALAYIL HOUSE, P.O. KOTTATHARA. 3. NATIONAL INSURANCE COMPANY, KALPETTA. 4. U.SANKARAN, FATHER'S NAME NOT KNOWN, ULLATHIL HOUSE, P.O. EACHOME, ANJUKUNNA VILLAGE, WAYANAD. 5. UNITED INDIA INSURANCE COMPANY, KALPETTA. ADV. SRI.JOE KALLIATH FOR R3 SMT.P.K.SANTHAMMA FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ---------------------------------- M.A.C.A. No.382 of 2004 ---------------------------------- Dated this the 24th day of August, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. 1. Claimant in OP(MV) 615/95 on the files of Motor Accidents Claims Tribunal, Wayanad is in appeal seeking enhancement of the compensation awarded. The appellant sustained injuries like, fracture of maxilla and zygoma when a Jeep in which he was travelling collided with another Jeep. Appellant was a manual worker at the age of 24 years at the time of accident. He was treated as inpatient for 6 days and continued treatment as outpatient thereafter. According to the appellant the injury sustained had resulted in persistent disability. Ext.A13 Disability certificate was produced assessing the extent of his disability at 15%. But the Tribunal, due to want of proper proof regarding the certificate, had not granted any amount under the head of permanent disability and loss of earning power. A total compensation of Rs.11,900/- was granted. 2. Heard learned counsel appearing for the appellant and Standing Counsel for respondents 3 and 5. The appellant contended that the Tribunal went highly erred in not granting MACA.382/04 2 any amount under the head of permanent disability inspite of production of Ext.A13 Disability certificate. It is contended that the Tribunal had failed in granting any amount towards temporary loss of earning. It is also contended that no amount was granted under the head of loss of amenities and enjoyment in life. The amounts awarded under different other heads are also disputed as highly inadequate. 3. Considering the evidence on record and facts and circumstances of the case we are of the opinion that the injury sustained to the appellant is of severe nature that there is chance of causing permanent disability. Eventhough we are not persuaded to accept the extent of disability at 15% as certified in Ext.A13, on our moderate estimate the appellant is found to be entitled for compensation under the head of permanent disability computing the extent of disability at 5%. Taking notional income at 1500/- the compensation under the head of permanent disability is worked out at Rs.15,300/-. We are inclined to award compensation for temporary loss of earning for a period of 2 months which will work out to an amount of Rs.3000/-. A further amount of Rs.5000/- is granted towards loss of amenities and enjoyment in life. Thus the appellant is entitled for a total enhancement of Rs.23,300/-. MACA.382/04 3 4. In the result the appeal is partly allowed enhancing the total compensation of Rs.11900/- granted by the Tribunal by a further sum of Rs.23,300/- which will carry interest @ 7.5% per annum from the date of the claim petition till payment. Set off of the amount of Rs.25,000/- already awarded under Section 140 of the M.V.Act shall be made out of the total compensation. The 3rd respondent shall make deposit of the balance amount within a period of 3 months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb