IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 MACA.No. 965 of 2005() ---------------------- OPMV.390/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- SAJITHA, D/O. GOPINATH, KUNNATH HOUSE, MELOOR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): --------------- 1. M.P. DEVASSY, S/O. M.K. PAILAN, MANJALY HOUSE, POTTA, CHALAKUDY. 2. MANAGER, ORIENTAL INSURANCE CO.LTD., SOUTH JUNCTION, CHALAKUDY. ADV. SRI.MATHEWS JACOB (SR.) FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.965 of 2005 .................................................................... Dated this the 28th day of August, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation for the injury sustained by the appellant in an accident. The appellant, a B.Com. student was only 22 years of age at the time of accident. She suffered fracture of the frontal bone and accident left a permanent scar on her face. Even though Doctor certified 15% permanent disability, MACT reduced it to 5%. Notional income taken for granting compensation for permanent disability is Rs.1,250/-. While counsel for the appellant argued for substantial increase of monthly income, Standing Counsel for the Insurance Company submitted that only notional income can be taken as the appellant was only a student. In any case we feel the reduction of percentage of disability is not justified. Further, notional income fixed at Rs.1,250/- is too low. We feel a total compensation of Rs.75,000/- as against Rs.47,162/- awarded by the MACT will meet the ends of justice. We accordingly increase the total compensation from Rs.47,162/- to Rs.75,000/-. The Insurance Company is directed to deposit the additional compensation awarded with interest at 2 7.5% per annum from date of application till date of deposit. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms