IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH JULY, 2008 / 18TH ASHADHA, 1930 MACA.No. 649 of 2003 (OPMV.1633/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR) .................... APPELLANT/PETITIONER: ------------------------------- P.PRABHAKARAN PILLAI, S/O. PADMANABHA KURUP, KIZHAKKEKARA PUTHEN VEEDU, ANNOORMURI, NEDUVATHOOR VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT BY ADV. SRI.P.K.RAVI KRISHNAN RESPONDENTS/RESPONDENTS: -------------------------------------- 1. JAYALAL S/O. THULASEEDHARAN PILLAI, LALBHAVANAM, CHITTAYAMMURI, PANAYAM VILLAGE, PERINAD, KOLLAM DISTRICT 2. BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., PALAKKAD BRANCH. 3. P.C.SAJEEV, THENMALABUNGLOW, PARAKKODAM P.O., KARUNAGAPPALLY, KOLLAM DISTRICT BY ADV. SRI.E.M.JOSEPH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No. 649 of 2003 B --------------------------------------------- Dated this the 9th day of July, 2008 J U D G M E N T Ramachandran Nair,J: Heard counsel for the appellant and Standing Counsel for the Insurance Company. 2. The appellant sustained injury on account of accident caused by the first respondent. The M.A.C.T. found that the accident was caused on account of rash driving by the first respondent who was the owner of the bus as well. The compensation was awarded on various heads. Modification is called for with regard to the income of the appellant. Consequently, the appellant is entitled to increase in compensation awarded. Even though there is no proof of earning of the appellant, we refix the monthly income at Rs.1500/- as against Rs.1300/- fixed by the M.A.C.T. It is seen that the appellant was admitted in the hospital for three months and obviously, after hospitalisation for three months, he will have to take rest for another three months. Consequently, we increase the loss of earnings granted by the Tribunal from Rs.3900/- to MACA NO.649 OF 2003 :-2-: Rs.9000/-. Similarly, compensation for permanent disability is refixed as Rs.21,600/-. Similarly, for pain and suffering, the Tribunal granted Rs.5000/-. We enhance the compensation from Rs.5000/- to Rs.15,000/-. The additional compensation awarded will carry 7.5% interest from the date of petition till the date of realisation. The award will stand modified. The appeal is allowed. C.N.RAMACHANDRAN NAIR, Judge V.K.MOHANAN, Judge MBS/ MACA NO.649 OF 2003 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- I.T.A.NO. 81 OF 2000 ------------------------------------ J U D G M E N T MACA NO.649 OF 2003 :-4-: DATED:17-6-2008