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. 218 of 2003(C) ----------------------- OPMV.1195/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/3RD RESPONDENT -------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY ITS ASST. ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN RESPONDENT(S): CLAIMANT & RESPONDENTS 1 & 2 RESPECTIVELY. --------------------------------------------------------- 1. K.MOIDEEN HAJI, S/O.ALAVI MOLLA, AGED 46 YEARS, KARUVADAN HOUSE, P.O.PAYYANAD, VIA. MANJERI, MALAPPURAM DISTRICT. 2. MULLAN MADAKKAL SHAMSUDHEEN, S/O.MOHAMMED, WANDOOR AMSOM, PALLIKUTH DESOM, MALAPPURAM DISTRICT. 3. K.P.KASSIM, S/O.MOHAMMED, KUMBALAPARAMBA, NORTH BEYPORE, CALICUT DISTRICT. ADV. SRI.BABU S. NAIR FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. .................................................................... M.A.C.A. No.218 of 2003 .................................................................... Dated this the 26th day of March, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed by the Insurance Company against the quantum of compensation awarded to the claimant in the accident. We have heard counsel appearing for the appellant and counsel appearing for the claimant. The main contention raised by counsel for the Insurance Company is that claimant was involved in another accident wherein he suffered fracture of the right leg and in the claim petition arising out of the said accident, claimant was given compensation for 28% permanent disability. In the repeated accident that led to the present claim, injury is on the same leg at the same place of the bone. The claimant again put forward a claim for compensation for permanent disability at 30%. According to the Insurance Company, since 30% disability was certified and in respect of which compensation was granted in the first accident, the claimant cannot claim compensation for permanent disability for repeated fracture of the same bone of the leg. We find 2 force in this contention because percentage of disability cannot go on increasing for repeated accidents. However, we find force in the contention of counsel for the claimant that the income adopted is very low for the purpose of granting compensation. Considering the rival claims, we allow the appeal in part by reducing the compensation granted for permanent disability by a sum of Rs.14,800/- and refix the compensation for disability at Rs.50,000/-. Appeal is allowed to the above extent modifying the award by reducing the compensation granted for permanent disability by Rs.14,800/- and interest thereon. C.N.RAMACHANDRAN NAIR Judge K.SURENDRA MOHAN Judge pms