IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 1709 of 2006() ----------------------- OPMV.1085/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S)/PETITIONER ---------------------------------- THOMAS, S/O.JOSEPH, MADAVANA HOUSE, RAJEEV GANDHI HOUSING COLONY, MATTANODE P.O., KAYANNA, KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S)/RESPONDENTS: --------------- 1. K.K.BIJU, S/O.NARAYANAN, KOLARAMBATH HOUSE, MATTANODE P.O., ATHIYODI, KAYANNA, KOZHIKODE. 2. ORIENTAL INSURANCE COMPANY LTD., MAVOOR ROAD, KOZHIKODE. ADV. DR.ELIZABETH VARKEY FOR R.2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1709 OF 2006 --------------------------------------------------------- Dated this the 12th 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. We have heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. 2. We agree with the contention of counsel for the appellant that the income adopted at Rs.1,500/- per month is very low as the appellant was only 35 years of age at the time of the accident. Going by daily wages of unskilled workers, we feel at least Rs.2,000/- should be taken as monthly income of the appellant for the purpose of granting compensation for disability. So far as the percentage of disability is concerned, we feel that the medical certificate is technical because after amputation of left leg above the knee, the appellant would not be able to do any hard work M.A..C.A. NO. 1709/2006 2 entitling him for full wages. Therefore, for practical purpose, we fix the actual loss of earning power at 75%. Taking 75 % as permanent disability and Rs.2,000/- as monthly income, the appellant will be entitled to Rs.3,06,000/- as compensation for permanent disability as against Rs.1,37,700/- granted by the Tribunal. Compensation granted under other heads does not call for any modification. The additional compensation of Rs.1,68,300/- granted by us will carry interest at the rate of 7.5% per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A..C.A. NO. 1709/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 1709/2006 JUDGMENT 12th November, 2008 M.A..C.A. NO. 1709/2006 4