IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 MACA.No. 1190 of 2004(G) ------------------------ OPMV.611/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT/IST PETITIONER. --------------------------------------- PRASANTH, S/O.VIJAYAN, R/A. KRISHNA MANDIRAM, KULAPPULLY, SHORANUR, PALAKKAD DIST. (THE APPELLANT HAS TURNED MAJOR AT THE TIME OF APPEAL HENCE GUARDIAN IS NOT MADE A PARTY). BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SMT.G.GEETHISHA RESPONDENT(S): RESPONDENTS. --------------------------- 1. K.V.VIJAYAN, S/O.THEYYAN K.V. R/A. KALLATHUVALAPPIL HOUSE, P.O. MEZHATHUR, THRITHALA. 2. RAMESH, S/O.RAMACHANDRAN, R/A. KALLADATHUVALAPPIL HOUSE, P.O. MEZHATHUR, THRITHALA. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, PATTAMBI, PALAKKAD DISTRICT. ADV. SMT.C.V.BINDU FOR R1 SRI.MATHEWS JACOB (SR.) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON 26/08/2008 PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.1190 of 2004 .................................................................... Dated this the 26th day of August, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for the Insurance Company. Appellant, a 17 year old student at the time of accident, was a bright student who secured 510 marks in the SSLC examination and was doing Diploma in Engineering. In the accident he sustained fracture of two lower limbs and disability certified is 15%. However, MACT granted compensation for loss of earning by refixing disability at 10% and notional income at Rs.15,000/- per year. Standing Counsel for the Insurance Company submitted that the award is reasonable and no enhancement is called for. However, we feel that the award requires modification because compensation awarded for loss of enjoyment in life is only Rs.6,000/-. The MACT has not taken into account the loss of prospects in marriage, further studies, employment etc. However, we feel instead of considering increase under various heads of claim, a total increase of around Rs.23,650/- will serve the ends of justice. We accordingly modify the award by refixing total compensation at Rs.1 lakh as 2 against Rs.76,350/- awarded by the MACT. The Insurance Company is directed to deposit the additional compensation with interest at 7.5% per annum from date of application till date of deposit. The appeal is allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms