IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 MACA.No. 1147 of 2005() ----------------------- OPMV.2272/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S)/PEATITIONER: ------------------------------------ MARY, W/O. JESSY MON, MADATHUMMALAYIL HOUSE, MUDIYOOR P.O., KOTTAYAM. BY ADV. SRI.B.SAINU RESPONDENT(S)/RESPONDENTS: --------------- 1. ALI, S/O. KOYA, PALLICKAL HOUSE, VADAKOD P.O., COCHIN. 2. NEW INDIA ASSURANCE CO. LTD., KALAMASSERY. ADV. SRI.P.R.RAMACHANDRA MENON FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1147 OF 2005 --------------------------------------------------------- Dated this the 4th day of December, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. We have heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. 2. We notice from the award that the appellant sustained head injury and fracture of the thigh bone which led to hospitalisation for three weeks. The appellant had also undergone surgery and was disabled for a few months. Besides this, the doctor certified 14 % permanent disability. Even though the appellant claimed huge amount towards compensation for loss of earning on account of the disability, the same was not established in court with any evidence about his income. The appellant though claimed to be a person engaged in the business of ready made garments, the Motor Accidents Claims Tribunal, Kottayam found that he was a tailor by profession. In fact, it is seen that by taking into account the injuries M.A.C.A. NO.1147/2005 2 sustained by the appellant, the Tribunal granted Rs.35,000/- towards compensation for disability. Even though there is no evidence about the possible reduction of life span on account of the accident, the Tribunal granted Rs.25,000/- as compensation under this head. In other words, a total compensation of Rs.60,000/- was granted for permanent disability. Besides this, Rs.9,000/- was granted towards loss of earning for six months. Considering the claim of the appellant, we feel that total enhancement of compensation will serve the ends of justice. We, therefore, enhance the total compensation under the two heads from Rs.60,000/- to Rs.1,00,000/-. In view of the claim for future treatment, we grant a further sum of Rs.15,000/-. No other modification is called for in the award. The additional compensation granted by us will carry interest at 7.5% per annum from the date of application till date of deposit. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO.1147/2005 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 1147/2005 JUDGMENT 4th December, 2008 M.A.C.A. NO.1147/2005 4