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 12TH JANUARY 2009 / 22ND POUSHA 1930 MACA.No. 1488 of 2005() ----------------------- OPMV.1550/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- MUHAMMED P.S., S/O. SAIDALI, PANIKKARUKUDY HOUSE, CHELAMATTOM, OKKAL P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.M.M.SAIDU MUHAMMED SRI.SHAJI SAMAD P.A RESPONDENT(S): --------------- 1. YOHANNAN YOHANNAN, THENGAMPALLIL HOUSE, ANAKARA P.O., KUMALY, IDUKKI DISTRICT. 2. REJI T.J., S/O. YOHANNAN, THENGAMPALLIL HOUSE, ANAKARA P.O., KUMALY, IDUKKI DISTRICT. 3. THE NEW INDIA ASSURANCE CO., KATTAPANA BRANCH, KATTAPANA, IDUKKI DISTRICT. 4. KANNAN, S/O. BALAKRISHNAN, KADAMATTUPARAMBIL, VALLAM, RAYONPURAM P.O., PERUMBAVOOR. 5. P.J. ABOOBACKER, S/O. JABAR, PULAVATH HOUSE, CHELAMATTOM, OKKAL P.O., PERUMBAVOOR. 6. THE NEW INDIA ASSURANCE COMPANY LTD., PERUMBAVOOR BRANCH, PERUMBAVOR. ADV. SMT.A.SREEKALA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON 12/01/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1488 of 2005 .................................................................... Dated this the 12th day of January, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. Counsel for the appellant submitted that insptie of disability certificate and medical evidence produced through the Doctor, MACT reduced the percentage of disability from 25% to 7%. However, the case of Insurance Company is that the percentage of disability certified is only for the upper limb and not for the whole body. However, we feel enhancement is called for in the percentage of disability because if upper limb is disabled, the same will affect earning capacity on permanent basis. Even though there is general exaggeration about disability, we feel atleast 14% can be safely taken in this case because the medical evidence proves substantial disability. Even though appellant claims higher income as he was engaged as a professional auto driver, we feel income adopted by the MACT at Rs.2,000/- in the year of accident is quite reasonable. 2 However, in view of the increase in percentage of disability, appellant will be entitled to a further compensation of Rs.28,560/- under this head. Similarly, considering the long suffering, we grant a further sum of Rs.7,000/- towards compensation for pain and suffering. No other modification is called for in the award. The additional compensation of Rs.35,560/- will carry interest at 7.5% p.a. from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms