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 WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 MACA.No. 1270 of 2006() ----------------------------------- OPMV.1242/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): /PETITIONER -------------------------- BINOY, AGED 23 YEARS, S/O.DEVASSYKUTTY, AMBAZHAKADAN VEEDU, PMC X/76, ONNAM MILE, IRINGOLE P.O., PERUMBAVOOR (FORMER ADDRESS) BINOY, AGED 23, S/O.DAVASSYKUTTY, AMBAZHAKADAN VEEDU, MUPPLIYAM DESOM, VARANDARAPPILLY VILLAGE. BY ADV. MR.K.SUNILKUMAR RESPONDENT(S): RESPONDENT ------------------------- 1. PORINCHU, S/O.RAPPAI, NENAMANIKKARA HOUSE, ALAGAPPA NAGAR, THRISSUR DISTRICT, THORAVU VILLAGE. 2. THE MANAGER, THE ORIENTAL INSURANCE CO.LTD., 3RD FLOOR, MAHESWARY BUILDINGS, M.G.ROAD, TRICHUR-1. R1 BY ADV. MR.GEORGE VARGHESE (MANACHIRACKEL) R2 BY MR.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &C.K.ABDUL REHIM,JJ. -------------------------------------------- MACA.No.1270 of 2006 --------------------------------------------- Dated this the 14th day of January, 2009. JUDGMENT RAMACHANDRAN NAIR,J Heard counsel for the appellant and Standing counsel appearing for the Insurance Company. Even though counsel for the Insurance Company submitted that the accident is a hit by the appellant's bike on the rear wheel of the lorry and therefore there is contributory negligence on his side, we do not think we should examine this because there is no appeal by the Insurance Company. In so far as the enhancement of compensation is concerned, it is conceded by both sides that there is mistake in the calculation while awarding compensation for disability and it is corrected by the MACT on application by the appellant. Compensation for disability is awarded at Rs.73,440/-. This is by taking into account the income of the appellant at Rs.1800/- p.m. Though the appellant was not educationally qualified, he is stated to be a qualified mechanic working in a firm. Therefore we fix his monthly income at MACA.1270 /2006 2 Rs.2500/- which will entitle him for compensation at Rs.1,20,000/- for disability as against Rs.73,440/- granted by the MACT. The additional compensation will carry interest at the rate of 7.5% p.a. from the date of application till the date of realisation. C.N.RAMACHANDRAN NAIR,JUDGE. C.K.ABDUL REHIM, JUDGE. Pmn/ The figure “Rs.1,20,000/-” occurring in the 2nd line of page 2 of the judgment is corrected as “Rs.1,02,000/-” as per order in I.A.No.2603/2009 dated 30.10.2009. Registrar (Judicial) MACA.1270 /2006 3