IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 MACA.No. 497 of 2004() ---------------------- OPMV.3616/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- PRAVEEN C.PARAVATHU, S/O. CHANDRAN, PARAVATHU HOUSE, MISSION QUARTERS, THRISSUR, REPRESENTED BY GUARDIAN AND FATHER, CHANDRAN, S/O. AYYAPPAN, PARAVATHU HOUSE, MISSION QUARTERS, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. BINU JOSEPH S/O. JOSEPH, KURUTHUKULANGARA HOUSE, P.O. PULLAZHY, THRISSUR DISTRICT 2. M/S. NEW INDIAN INSURANCE CO. LTD., BRANCH OFFICE, PERINCHERY BUILDING, ROUND NORTH, THRISSUR ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2009, ALONG WITH MACA NO. 256 OF 2004 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. .................................................................... M.A.C.A. Nos.497 & 256 of 2004 .................................................................... Dated this the 26th day of March, 2009. JUDGMENT Ramachandran Nair, J. Connected appeals are from same award passed by the MACT granting compensation to the claimant who was a lawyer by profession. We have heard counsel appearing for the claimant and Standing Counsel appearing for the Insurance Company. 2. The claimant at the age of 26 suffered serious injuries leading to disability to continue his profession. Even though Standing Counsel for the Insurance Company referred to the finding of the MACT that the claimant was able to move around, see and hear, we feel his condition is such that he cannot resume his profession atleast in the near future, if not ever. Counsel for the claimant submitted that income adopted and multiplier applied for granting compensation for loss of earning are not correct. However, we do not think for a beginner in profession the income fixed is low. Similarly since claimant by birth had certain extent of disability in as much as he could not fold his 2 fingers beyond a limit, the percentage of disability adopted at 60% does not call for interference. It is seen that MACT has granted compensation under various heads and the total compensation awarded is Rs.18,05,900/- with interest thereon except for the amount awarded for future treatment. However, considering the age of the claimant and since the multiplier applied is only 16, we enhance the compensation granted for loss of earning from Rs.9,21,600/- to Rs.10 lakhs. The additional compensation granted by us will carry interest at 7.5% p.a. from date of application till date of deposit. The appeal filed by the Insurance Company is dismissed and appeal filed by the claimant is allowed in part to the extent indicated above. C.N.RAMACHANDRAN NAIR Judge K.SURENDRA MOHAN Judge pms