IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 MACA.No. 920 of 2006(A) ----------------------- OPMV.810/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- MARIAMMA, W/O.GEORGE, AGED 53 YEARS, PALLIPADATHIL HOUSE, WARD NO.5, CHERTHALA SOUTH PANCHAYATH, ARTHUNKAL, ALAPPUZHA DISTRICT. BY ADV. SRI.CHERIYAN KURUVILLA SRI.SATHEESH.V SRI.A.KRISHNAN RESPONDENT(S): RESPONDENTS. --------------------------- 1. BENNY.P.JOSEPH, PAWATHIL HOUSE, VADAKKEKKARA, CHANGANACHERRY. 2. PRASAD @ KUTTAN, S/O.RAGHAVAN, THOTTUNKAL VEETTIL, WARD NO. VI, MARARIKULAM SOUTH PANCHAYATH. 3. THE ORIENTAL INSURANCE CO/LTD., CULLEN ROAD, MULLAKKAL, ALAPPUZHA. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/12/2010, ALONG WITH MACA NO. 986 OF 2006 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER,J & M.L.JOSEPH FRANCIS, J ------------------------------------------------------------------- MACA.NOS.920 AND 986 OF 2006 ------------------------------------------------- Dated this the 20th day of December, 2010 JUDGMENT The appellants who are husband and wife were involved in a road traffic accident. Both of them suffered certain injuries on their fronto parietal region. While the husband is the appellant in MACA No.986/2006 his wife has preferred MACA No.920/2006. They contend inter alia, that the compensation awarded to them is on the lower side. In MACA No.986/2006 the Tribunal has awarded a total sum of Rs.44,670/- with 6% interest and directed the Insurance Company to pay the same. The doctor who issued Ext.A12 disability certificate was examined as PW1. He had assessed the disability of the appellant as 12%. However, the Tribunal took the disability as 8%. The monthly income of the appellant was reckoned as Rs.2,000/-. According to the appellant he was earning Rs.4,000/- while working as Purchase manager in a private company. In our view, the monthly notional income of the appellant can be reckoned as Rs.2,500/-. Accordingly, the loss of income assessed by the Tribunal is enhanced and re-fixed as Rs.5,000/- for two months. The Tribunal has awarded a sum of Rs.17,920/- under the head of permanent partial disability. In our view interest of justice will be met if the said amount is enhanced to Rs.30,000/-. In other words, appellant would be entitled to get additional MACA.NOS.920 AND 986 OF 2006 2 compensation of Rs.13,080/-. Appellant shall be entitled to get interest at the rate of 7.5% for the entire amount of compensation. In MACA No.920/2006 PW1, the doctor had assessed the disability of the appellant as 22%. The Tribunal had adopted only 12% and calculated the compensation under the head of permanent partial disability as Rs.22,400/-. In our view, interest of justice will be met if the said amount is enhanced to Rs.35,000/-. In other words, the appellant shall get additional compensation of Rs.12,600/-. The monthly income of the appellant was taken as Rs.2,000/- in this case also the notional monthly income of the appellant can be reckoned as Rs.2,500/-. Accordingly, the loss of earnings is fixed as Rs.5,000/- for two months. Thus the appellant shall get additional compensation of Rs.13,600/-. In this case also appellant shall be entitled to get interest at the rate of 7.5%. With these modifications in the awards these appeals are disposed of. A.K.BASHEER,JUDGE M.L.JOSEPH FRANCIS,JUDGE pm