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 FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 MACA.No. 382 of 2003(C) ----------------------- OPMV.1473/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN O.P. (MV): ------------------------------------------ SADANANDAN @ ANANDAN, S/O. MADHAVAN, UNSOUND PERSON REPRESENTED BY NEXT FRIEND, GUARDIAN, HIS WIFE SREEJA, ELUPARAMBIL HOUSE, RESIDING AT THALORE DESOM, THRIKKOOR VILLAGE, THALORE P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN O.P. (MV): ---------------------------------------- 1. P. KUNJIRAMAN, S/O. CHANDAMANI, PALLIYARA HOUSE, PUDUPPANAM P.O., BADAGARA. 2. P. NARAYANAN, S/O. KUNJIRAMAN, PADANNAYIL HOUSE, NEAR KARIMPANA BRIDGE, BADAGARA. 3. BRANCH MANAGER, UNITED INIDA INSURANCE COMPANY, BADAGARA. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ---------------------------------- M.A.C.A. No.382 of 2003 ---------------------------------- Dated this the 28th day of August, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. Appellant is the claimant before the Tribunal. The appeal is filed seeking enhancement of the compensation awarded. The accident occurred when a goods vehicle hit against the Motor Cycle on which the appellant was riding. The appellant sustained severe head injury along with comminuted fracture of tibia and fibula, fracture of right humerus, compound depressed comminuted fracture on left frontal bone with subdural haematoma, etc: He had undergone treatment as inpatient for a considerably long period. He was in ventilator for a few days and had undergone surgery of the head. The injuries sustained to the petitioner had resulted in permanent disability of various nature including ophthalmologic complaint of diminished eyesight. The medical records revealed that the appellant need lifelong medication and he had lack of memory, decreased cognitive functional understanding and judgment etc:. He had lost vision to left eye and is suffering from various other difficulties and discomforts including post traumatic MACA382 /03 2 hydrocephalus and epilepsy due to head injury. 2. The appellant at the time of accident was working in Sultanate of Oman. Ext.A16 certificate showed that he was employed there for 6 years and was drawing a monthly salary of 350 Oman Rial. He is a Gold Smith by profession. The Tribunal took 40% permanent disability and income at Rs.1500/- per month for computing compensation for permanent disability and loss of earning power. A total compensation of Rs.2,62,400/- was awarded. 3. Heard the learned counsel appearing for the appellant and Standing Counsel for the 3rd respondent/insurance company. It is contended by the appellant that the Tribunal went highly erred in adopting 40% disability inspite of production of 3 distinct disability certificates issued by the Neurologists, Opthalmologist and Orthopaedician, who were examined as PW3, PW4 and PW5. It is contended that the cumulative effect of all the three disability certificates is 100% disability. It is further contended that inspite of clear proof regarding foreign employment and earning of considerable income, the Tribunal adopted only an amount of Rs.1500/- as notional income, which is highly unrealistic and too inadequate. It is further contended that various amounts awarded under other different heads are highly inadequate. MACA382 /03 3 4. On an active consideration of the evidence on record and facts and circumstances of the case we feel that considerable enhancement in the computation of compensation for permanent disability and loss of earning power is necessary to meet the ends of justice. On a moderate estimate we adopt monthly income at Rs.2500/- and the extent of disability as 75%. On that basis the compensation for permanent disability and loss of earning power need be re-fixed as Rs.3,82,500/- (2500x12x17x75%). This will entitle the appellant for an enhancement of Rs.2,60,100/-. The loss of earning for 6 months need be enhanced by Rs.3000/- on the above basis. Therefore the appellant is entitled for a total enhancement of Rs.2,63,100/-. In the result the appeal is allowed in part enhancing the total compensation of Rs.2,62,400/- fixed by the Tribunal by a further sum of Rs.2,63,100/- which will carry interest @ 7.5% per annum from the date of the claim petition till payment. The 3rd respondent/insurance company is directed to make payment of the amount within a period of three months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb