IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 745 of 2006() ---------------------- OPMV.313/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S)/PETITIONER: ----------------------------------- JAYAPALAN P., S/O. ANANDAN MASTER, AGED 39 YEARS, MUDIYODIYIL HOUSE, P.O. TEMPLEGATE, THALASSERY-2. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. VALIYAPURAYIL PAVITHRAN, S/O.NARAYANAN, `NIPIN NIVAS', DHARMADAM P.O.,NEAR BRENNEN COLLEGE (OWNER OF BUS NO.KL-13/E-1252). 2. CHADAYANTAVIDA BALAN, S/O. CHATHU, CHADAYANTAVIDA HOUSE, NEAR PALLOOR POLICE STATION, P.O. PALLOOR. (DRIVER OF BUS NO.KL-13/E-1252, DL.NO.1535/CT/84). 3. THE UNITED INDIA INSURANCE CO. LTD., KANNUR. (POLICY NO.100800/31/040/11/01539/1998). ADVS. SRI.O.D.SIVADAS FOR R1 SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 745 OF 2006 --------------------------------------------------------- Dated this the 12th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. The appellant while driving the autorickshaw that belonged to him was hit from behind by a bus which led to certain injuries, hospitalisation and treatment as inpatient for nine days. In the claim petition, the Additional Motor Accidents Claims Tribunal, Thalassery granted total compensation of Rs.17,750/- against which this appeal is filed. 2. We have heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. 3. We find force in the contention of the appellant that the income adopted at Rs.1,800/- per month for fixing compensation for loss of M.A.C.A. NO. 745/2006 2 earning is very low. The injuries sustained by the appellant are such that he would have been disabled for carrying out his work at least for a period of three months which would entitle him for compensation of Rs.12,000/- if Rs.4,000/- is taken as his monthly income. The Tribunal has granted only Rs.2,700/- under this head. We award an additional compensation of Rs.9,300/- under this head. We feel the compensation awarded for pain and suffering is also low and we grant an additional compensation of Rs.6000/- under this head. The additional compensation granted by us will carry interest at the rate of 7.5% per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO. 745/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 745/2006 JUDGMENT 12th November, 2008 M.A.C.A. NO. 745/2006 4