IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 MACA.No. 393 of 2006() ---------------------- OPMV.1739/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- DEEPAK, S/O.DIVAKARAN, ELAVANGAL HOUSE, SEMINARIPADY, ALUVA REP. BY HIS FATHER DIVAKARA, S/O.KUNJAN, DO. DO. BY ADV. SRI.WILSON URMESE RESPONDENT(S): --------------- 1. SRI.SUNIL, S/O.SUPRAN, MAMPARA PARAMBIL HOUSE, SEMINARIPADY, ALUVA. 2. M/S.NEW INDIA ASSURANCE CO.LTD., P.B.NO.108, XIV/70G, KODAVATH SHOPPING COMPLEX, SUB JAIL ROAD, ALUVA. ADV. SRI.K.SUNILKUMAR FOR R1 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. -------------------------------------------- M.A.C.A. No. 393 OF 2006 -------------------------------------------- Dated this the 8th day of April, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. Counsel for the appellant has relied on several decisions of the Supreme Court and that of the High Courts and contended that case of paraplegia is worse than death and compensation should be comparable in death case, if not more. We do not think there is any dispute on this proposition. Even if there is no evidence about the actual income of the appellant or his education, it is stated that he was assessed to profession tax on an annual income of Rs. 48,000/-. He was stated to be managing a service station set up by his father. Considering the age of the injured, MACT adopted correct multiplier which is 17. We feel income fixed by the MACT at Rs. 1800/- per month calls for enhancement because in a service station appellant 2 would have been able to make at least a net income of Rs. 3,000/-. This will entitle the appellant for compensation for permanent disability at Rs. 6,12,000/- as against 3,67,200/- granted by the MACT. Considering the fact that appellant is a paraplegia patient for life from the age of 22 onwards we grant another sum of Rs. 50,000/- towards compensation for pain and suffering. For loss of amenities and enjoyment in life, we grant additional compensation of Rs. 50,000/-. Besides these we grant a sum of Rs. 25,000/- for future treatment. The total additional compensation of Rs. 3,69,800/- will carry interest at the rate of 7.5 per cent from the date of application till date of deposit. The MACT is directed to deposit the entire additional compensation in a Treasury or in a bank where it fetches monthly interest at the maximum rate. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk 3