IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 MACA.No. 241 of 2005() ---------------------- OPMV.1307/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT:APPLICANT -------------------------- D.S.KIRAN, S/O.D.S.SREEKUMARAN, `RAJ KIRAN', KIRSTEN ROAD, VELLAYAMBALAM, KAWDIAR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.CHANDRASENAN SRI.P.K.SOMARAJAN RESPONDENTS: ------------- 1. A.SHAJAHAN, N.S.COTTAGE, PIRAPPANCODE P.O., VENJARAMOODU, TRIVANDRUM. 2. Y.RAJAN, S/O.YOHANNAN, TC 46/240, PARUTHIKUZHI, POONTHURA P.O., TRIVANDRUM. 3. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., ASHAR COMPLEX, NEAR PVT.BUS STAND, ATTINGAL, TRIVANDRUM DISTRICT. R2 BY ADV. SRI.SUMAN CHAKRAVARTHY R3 BY ADVS. SRI.MATHEWS JACOB (SR.) & SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 241 OF 2005 -------------------------------------------- Dated this the 13th day of August, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the insurance company. Appellant has sustained major injiries in an accident. He suffered head injury and fracture to the leg which led to shortening of leg. Appellant was 23 years of age at the time of accident. The Tribunal found that the accident was caused by other vehicle which hit appellant's bike and therefore insurer of the tempo van was directed to pay compansation. The claimant has filed this Appeal for enhancement of compensation. 2. Counsel for the appellant contended that the Tribunal went wrong in reducing the income of the appellant from Rs. 10000/- to Rs. 5000/- for the purpose of award of compensation and according to him without any justification 10% disability certified by the doctor was reduced to 8% by the Tribunal. Counsel for the insurance company 2 contended that appellant being a compunter programmer cannot claim compensation for loss of earning capacity because his work is not in any way affected on account of injury sustained by him and the consequent disability. We are unable to accept this contention because basic disability will certainly affect the efficiency of the person. Besides this, petitioner's marriage prospects are also affected, and in any case he is entitled to compensation for loss of enjoyment in life on account of disability. However, we do not want to consider compensation under each and every head because consolidated addition to the compensation awarded by the Tribunal will serve the purpose. Considering the circumstances stated above, we increase the total compensation from Rs. 1,17,150/- to Rs. 1,50,000/-. The insurance company is directed to deposit additional compensation with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge (V. K. MOHANAN) Judge. kk 3