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 THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 MACA.No. 1198 of 2004() ----------------------- OPMV.188/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- DIVAKARAN, S/O.KUTTAPPAN, AGED 40 YEARS, NAMBEERATTU HOUSE, KODIKUTHI BHAGOM, KUNINJI KARA, PURAPUZHA VILLAGE. BY ADV. SRI.K.A.HASSIM RESPONDENT(S): --------------- 1. SIMON.K.J., S/O.K.C.JOSEPH, KAITHAKKATHOTTIYIL HOUSE, PURAPPUZHA P.O., PURAPPUZHA VILLAGE, THODUPUZHA. 2. THE NATIONAL INSURANCE CO. LIMITED, THODUPUZHA. ADV. SRI.LAL GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 1198 OF 2004 -------------------------------------------- Dated this the 13th day of August, 2009 JUDGMENT Abdul Rehim, J. The claimant before the Tribunal is in appeal seeking enhancement of the compensation awarded. The accident occurred on 12.12.1999 when an Autorickshaw in which he was travelling capsized. The appellant sustained brain oedema. He was treated as inpatient for seven days and thereafter continued treatment as outpatient. The Tribunal awarded a total compensation of Rs. 22,175/-. 2. Heard the learned counsel appearing for the appellant and standing counsel appearing for the second respondent-insurance company. The appellant pointed out that the injury sustained to him had resulted in persistent loss of hearing and he had post-traumatic head-ache. Ext.A12 certificate was produced by the claimant in order to prove the permanent disability. Copy of Ext.A12 certificate was made available for our perusal. The certificate is issued by the Asst. Professor of Neuro Surgery, Department of Medical College Hospital, 2 Kottayam, in which it is certified that the appellant had loss of hearing and post-traumatic head-ache. The extent of his disability is assessed at 10%. Even though the index attached to the award mentions about Ext.A12 certificate dated 26.2.2003, the Tribunal had not adverted to the certificate, nor any amount was awarded under the head of compensation for permanent disability. It is also contended by the learned counsel for the appellant that the notional income fixed at the rate of Rs. 1500/- per month is highly on the lower side, considering the fact that the appellant was conducting a grocery shop at the time of the accident. It is further contended that various amounts awarded under different other heads are on the lower side. Standing counsel vehemently opposed enhancing the compensation contending that the amounts awarded are reasonable. 3. On an anxious consideration of the facts and circumstances and evidence on record, we are not persuaded to accept the extent of disability as assessed in Ext.A12 certificate. However, it is evident that the appellant had sustained brain oedema and he had continued treatment for a considerably long period. The injury might have 3 resulted in discomfort and difficulties to the appellant in future life. We are of the opinion that the amounts under various other heads are also slightly on the lower side. Considering all these aspects we are of the opinion that an enhancement of the total compensation by a further sum of Rs. 15,000/- will be just and reasonable to meet the ends of justice. In the result, the appeal is partly allowed enhancing the total compensation of Rs. 22,175/- fixed by the Tribunal by a further sum of Rs. 15,000/- which will carry interest at the rte of 7.5% per annum from the date of Claim Petition till payment. The second 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. kk 4