IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 MACA.No. 1919 of 2006() ---------------------------------- OPMV.1104/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONER: ----------------------------------- JOHNY PAPPINAMCHIRA, S/O. VARKEY, PAPPINAMCHIRA HOUSE, VILAKANNUR, P.O. NADUVIL, REP.BY P.A.HOLDER, P.U,VARKEY, S/O. ULAHANNAN, PAPPINAMCHIRA HOUSE, MAVILERI P.O., CHUZHAL, TALIPARAMBA TALUK, KANNUR. BY ADV. MR.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENT NO.3: ------------------------------- UNITED INDIA INSURANCE CO. LTD.,KANNUR. R1 BY ADV. MR.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON 24/08/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM,JJ. ------------------------------- MACA.NO. 1919 of 2006 --------------------------------- Dated this the 24th day of August, 2009 JUDGMENT Abdul Rehim,J. The appellant is the claimant before the Tribunal. He is seeking enhancement of the amount of compensation awarded. The appellant sustained injuries when a Bus hit against the motor cycle on which he was riding. He sustained segmental comminuted fracture of right femur, fracture type III B of right tibia, fracture of lateral condyle of right tibia and fracture of right ulna, along with other injuries on different parts of the body. He was treated initially at A.M. Hospital, Taliparamba and thereafter at Kasturba Hospital, Manipal. He continued treatment as inpatient for more than two months. He had undergone various surgical operations including skin grafting. Subsequently he was again admitted as inpatient on different spells. As per Ext.A7 disability certificate issued by the Assistant Professor of Orthopaedics Department, Kasturba Hospital, Manipal, permanent disability of the appellant is assessed as 20%. The MACA.1919/2006 2 Doctor who had issued the disability certificate was examined as PW3. He deposed about the incapability, difficulties and discomforts experienced by the appellant. But the Tribunal adopted whole body disability as 4%. The appellant was aged 30 years at the time of the accident. He was a driver by profession. Further he was partner in a hotel business and a cable net work service. It was also contended that he was running an agricultural nursery. The attested copy of driving licence held by the appellant was produced. Proof regarding conduct of other businesses were also produced. But adopting the income of Rs.2500/- p.m. the Tribunal awarded compensation for loss of earning capacity, calculating disability at 4% and multiplier of 17. 2. Heard learned counsel appearing for the appellant and the Standing Counsel for the respondent. The appellant contended that the Tribunal had reduced the extent of disability from 20% to 4% without any basis. It is contended that having produced proof regarding his occupation and business activities the Tribunal had adopted only a meager income. It is also contended that no amount was awarded towards compensation for continuing permanent disability and loss of amenities and MACA.1919/2006 3 enjoyment in life. Further contention is that inspite of production of Ext.A8 series, 37 bills relating to transportation by Ambulance and taxi, amounting to Rs.56913/-, the Tribunal had allowed only an amount of Rs.20,000/- as transportation expenses. Learned counsel contended that various amounts awarded under different other heads are unrealistic and inadequate. 3. Having evaluated the evidence on record we are inclined to enhance the compensation granted under the head of loss of earning capacity. Considering the evidence adduced with respect to the business activities as well as occupation of the appellant we are inclined to fix the monthly income of the appellant at Rs.3000/- on a moderate estimate. There is absolutely no reason stated for to adopting whole body disability at 4%, inspite of certificate to the effect that the extent of disability is 20%. Hence we are inclined to refix the percentage of disability at 10% for the purpose of computation. On that basis, compensation under the head of permanent disability and loss of earning power need be refixed at Rs.61200/- (Rs.3000 x 12 x 17 x 10%). This will entitle the appellant for enhancement of compensation by a sum of Rs.40800/-. Considering the bills MACA.1919/2006 4 produced with respect to transportation expenses we are inclined to enhance compensation under that head by a further sum of Rs.10,000/-. We are also persuaded to award an amount of Rs.10,000/- towards loss of amenities and enjoyment in life. Thus the appellant is entitled for a total enhancement of Rs.60800/-. In the result the appeal is partly allowed enhancing the total compensation of Rs.1,49,750/- awarded by the Tribunal by a further sum of Rs.60800/- which will carry interest @ 7.5% p.a. from the date of the claim petition till payment. The respondent Insurance Company is directed to make payment of the amount within a period of three months. C.N.RAMACHANDRAN NAIR,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ MACA.1919/2006 5