IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MACA.No. 595 of 2006() ---------------------- OPMV.906/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- RAJEEV, S/O. VISWAPPAN, VELIYIL VEEDU, ARATTUVAZHY P.O., ALAPPUZHA. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENT(S): RESPONDENTSL --------------------------- 1. SUKUMARAN, SUB INSPECTOR OF POLICE, CHAVARA, KOLLAM. 2. N. VIJAYAN PILLAI, MANAGING PARTNER, M/S. NARAYANAN & OIL LTD., KOTTACKAKAM, CHAVARA, KARUNAGAPPALLY, KOLLAM. 3. VIJU JACOB DEVID, S/O. DEVID, MANALIL PARAMBIL, ANAPARAMBAL, NORTH THALAVADY. 4. UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, MULLACKAL, ALAPPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.595 of 2006 .................................................................... Dated this the 28th day of October, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation. Even though notice is not served on the respondents, we do not think any fresh notice is required because we propose only a marginal addition to the compensation already awarded which is seen accepted by the Insurance Company. 2. Appellant is a blacksmith cum musician. The accident occurred when he was returning after a music concert in which he participated as a professional trumpet player. Appellant's main grievance is against fixation of low income for grant of compensation for permanent disability. However, we notice that contrary to law laid down by Full Bench of this court, appellant is granted compensation under two heads, for loss of earning power and for disability. In fact, the total compensation granted under these two heads is Rs.94,800/-. Counsel for the appellant submitted that on account of the disability which is in the form of a partial paralysis, appellant's prospects as a musician is lost. Further, there was loss of employment for three months on account of the accident. On the whole we 2 find that the MACT has granted compensation reasonably under various heads. However, since appellant had earnings from his profession both as a blacksmith and as a trumpet player in the music team, we grant an additional compensation of Rs.15,000/- with direction to the Insurance Company to deposit the same along with interest at 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms