IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 MACA.No. 16 of 2006() --------------------- OPMV.63/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- SIJI .P.MATHEW, SINCEALAYAM, THELLAKOM KARA, ATHIRAPPUZHA, KOTTAYAM. BY ADV. SRI.P.M.KUNJIMOIDEENKUTTY SRI.P.A.MOHAMMED ASHROF SRI.LAL K.JOSEPH SRI.R.RAJA RAJA VARMA RESPONDENT(S): RESPONDENTS. --------------------------- 1. ASOK KUMAR, B-4/185 B, SAFDARJUNG ENCLAVE, NEW DELHI. 2. THE NATIONAL INSURANCE COMPANY LTD., NEW DELHI, REPRESENTED BY NATIONAL INSURANCE COMPANY LTD, KOTTAYAM. 3. NEELKUMAR SHARMA, S/O.RAIRAM SHARMA, R/O.VILLAGE SABITA, POLICE STATION NEWAR DISTRICT, BALLANDSHAHAR UP. PRESENTLY AT H,.NO.25, 26 DDA FLATS CENTRAL MARKET, KAKLKAJI, NEW DELHI. BY ADV. SRI.M.A.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 16 OF 2006 -------------------------------------------- Dated this the 16th day of September, 2008 JUDGMENT Ramachandran Nair,J. This appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident at Delhi. We have heard counsel appearing for the apellant and standing counsel appearing for the insurance company. 2. The accident occurred when appellant was only 21 years of age and while he was working as a Supervisor in a star hotel in Delhi. Appellant suffered serious injuries in the hip and legs which led to his hospitalisation in the All India Medical Institute for 5 months and thereafter he was treated at the Medical College Hospital, Kottayam. Inspite of prolonged treatment, appellant is certified by doctor with 46% permanent disability. However, Motor Accidents Claims Tribunal reduced the disability to 40% for the purpose of fixing compensation. Counsel for the appellant contended that compensation awarded under 2 each head of claim is low and enhancement is called for. Standing counsel for the Insurance Company on the other hand submitted that grant of separate compensation for permanent disability and loss of earning power is illegal and is against the judgment of Full Bench of this Court. Even though we find force in the contention of counsel for the Insurance Company that compensation under separate heads for permanent disability and loss of earning power cannot be granted, we do not think any interference is called for because insurance company has not filed any appeal against the award and secondly in our view the total compensation awarded is only less than the entitlement of the appellant. Appellant is admittedly a diploma holder in catering and he was working as a Supervisor in a Five-Star hotel. Motor Accidents Claims Tribunal has taken the income at Rs. 6000/- per month without considering any future increments. Moreover, appellant was only 21 years of age at the time of accident and MACT has not granted any compensation for loss of amenities in life, including prospects in marriage. All what is granted is Rs. 25,000/- for loss of amenities in life which also we consider inadequate considering the permanent 3 disability and deformity suffered by the appellant. However, we feel an addition to the total compensation will serve the ends of justice. Taking into account future increments and entitlement for compensation for loss in marriage prospects, we enhance the compensation to Rs. 7.5 lakhs from Rs. 6,53,600/-. The insurance company is directed to deposit the additional compensation with interest at 7.5 % from the date of application till date of deposit. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 4