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 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 MACA.No. 1286 of 2005() ----------------------- OPMV.1873/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/CLAIMANT -------------------------------- ASHRAF KONDOTTY PARAMAN, S/O.AHAMMEDKUTTY HAJI, KUTTIPPURATH HOUSE, MOOCHIKKAL, PULLARA, VALLUVAMBRAM (P.O), ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT(S): --------------- THE NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, CALICUT. (RESPONDENTS 1 TO 3 BEFORE THE TRIBUNAL ARE NOT MADE AS PARTIES IN THIS APPEAL SINCE NO RELIEFS ARE CLAIMED AGAINST THEM). ADV. SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1286 OF 2005 -------------------------------------------- Dated this the 20th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. In the accident appellant lost one leg below knee. Inspite of amputation of one leg below knee and major injury to other leg, MACT reduced the percentage of disability certified by doctor at 50% to 32%. Similarly the income fixed for the appellant, who is a professional driver of autorickshaw, is only Rs. 1800/- per month. We feel enhancement of compensation is called for, for income as well as percentage of disability. Even though counsel for the insurance company submitted that there is no proof of income for the appellant, we feel Rs. 3,000/- will be reasonable income for a professional driver. We therefore fix the monthly income of the appellant at Rs. 3,000/-. Taking into account the same multiplier and the percentage of disability in terms of the medical certificate which is 2 50%, appellant would be entitled to compensation for loss of disability (3000x12x18x50) = 3,24,000/-. We do not find any ground to modify 100 the award with regard to reduction on account of contributory negligence at 25%. Therefore additional compensation of Rs. 1,99,584/- will stand reduced by 25% leading to net addition of Rs.1,49,688/-. The additional compensation will carry interest at 7.5 per cent per annum from the date of application till date of payment. Appeal stands allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3