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 THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 MACA.No. 2006 of 2006() ----------------------- OPMV.1628/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPELLANT/APPLICANT: ---------------------------------- A.SUDHEER, S/O.RAGHAVAN, ATTUVALLIL, T.C.13/513, KUNNUKUZHY P.O., THIRUVANANTHAPURAM-37. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): RESPONDENTS: --------------------------- 1. K.KUMARAN, THAMARABHAGOM, KULANGARA HOUSE, PATTOM, THIRUVANANTHAPURAM. 2. AJEER, S/O.MUHAMMED HANEEFA, TC.48/184, PUTHUVAL PUTHEN VEEDU, MANIKAMVILAKAM, POONTHURA, THIRUVANANTHAPURAM. 3. UNITED INDIA INSURANCE COMPANY, DIVISIONAL OFFICE, PALAYAM, THIRUVANANTHAPURAM. ADV. SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.2006 of 2006 .................................................................... Dated this the 4th day of June, 2009. JUDGMENT Abdul Rehim, J. The claimant in O.P.(M.V.) No.1628/2000 on the files of the Motor Accidents Claims Tribunal, Thiruvananthapuram is the appellant. The appellant sustained injuries in a road traffic accident which occurred when a motorcycle driven by him was hit by an autorickshaw. The appellant sustained severe head injuries which had resulted in permanent neurological defects of continuing nature. Earlier, the award passed by the Tribunal was set aside in appeal by this court and the case was remanded for fresh consideration. After the remand, the appellant was subjected to examination by a Medical Board which certified that his disability is more than 50%. Apart from that, the Orthopaedic Surgeon has issued another certificate assessing his permanent orthopaedic disability at 10%. The appellant claimed that he is a businessman conducting an Electrical Shop. Exts.A14 and A17 were produced to prove that he is running the Electrical Shop at a 2 place called Rishimangalam. But the appellant has not produced any evidence with respect to the income derived by him from the business. Therefore, the Tribunal adopted notional income at the rate of Rs.1,500/- per month for the purpose of calculating compensation for permanent disability. Since there is evidence to the effect that the appellant is conducting an Electrical Shop, the notional income of Rs.1,500/- adopted by the Tribunal is on the lower side. Accordingly we feel that the Tribunal ought to have adopted notional income of atleast Rs.2,000/- per month, for the purpose of calculating compensation for disability. So also, the amount of Rs.9,000/- awarded under the head of loss of earning is also inadequate. 2. On an anxious consideration of the entire evidence on record and facts and circumstances of the case, we find it only just and proper to enhance the compensation by another sum of Rs.50,000/-. Hence we order enhancement of the total compensation by Rs.50,000/-, which will carry interest at the rate of 7.5% p.a. from the date of application till the date of payment. The third respondent is directed to make 3 payment of the additional compensation amount along with interest within three months. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms