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. 1487 of 2004() ----------------------- (AGAINST THE AWARD DATED 29/08/2003 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA IN OP(MV) NO.1111/1999) APPELLANT/CLAIMANT: ------------------------------------ LIJU U.S. S/O.SIMON, VALAYIL HOUSE, KULAPARACHAL P.O. RAJAKUMARI. BY ADV. SRI.S.ANANTHAKRISHNAN RESPONDENTS: RESPONDENTS: ------------------------- 1. SAJI. S/O.KESAVAN CHALIKKARA HOUSE, PADANNIKAM P.O. VATHIKKUDY, IDUKKI DISTRICT. 2. K.I.VARGTHESE, S/O.ISSAC, KUTTIPPUZHAYIL HOUSE, ADIMALI P.O. 3. THE ORIENTAL INSURANCE COMPANY LTD., ALUVA. BY ADV. SRI.M.P.ABRAHAM (SR.) FOR R2 SHRI.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. No.1487 of 2004 --------------------------------- Dated, this the 9th day of July, 2008 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the appellant and learned standing counsel Shri.Muricken appearing for the Insurance Company. 2. It is seen that the appellant claimant was a rider of a bike. Eventhough, MACT awarded compensation for Rs.61,661/- to the appellant, the liability of Insurance Company was fixed at only Rs.15,415/- because the Tribunal found that there is 70% of contributory negligence on the part of the appellant. However, in the connected case filed, i.e. MACA No.1464/2004, this Court fixed the contributory negligence at 50%. Consequently, following the said judgment, we order the Insurance Company to pay 50% of the award amount as modified by us hereunder to the appellant. Learned counsel argued that there is no justification to reduce the permanent disability from 6% certified by the Doctor to 4% by the Tribunal. Eventhough learned standing counsel for the Insurance Company pointed out that appellant was fully recouped and restored to normal stage, we find that both bones of one leg of the appellant were fractured and he was in the hospital for nearly a MACA No.1487/2004 -2- month. Appellant's case that he was employed as a mechanic and was earning Rs.2,000/- was accepted by the MACT. We feel, the appellant is entitled to claim of loss of earning power on account of permanent disability at 6% in terms of the claim. Consequently, we order compensation under this head by taking into account the disability at 6%. Appellant will be entitled to get Rs.25,920/- under this head as against Rs.17,280/- granted by the MACT. Similarly, having regard to the hospitalisation and consequent ayurvedic treatment and the nature of the claim, the appellant is entitled to compensation for loss of income for six months as against four months granted by the MACT. The compensation under this head is consequently increased from Rs.8,000/- to Rs.12,000/-. The same will carry interest @ 7.5% from the date of application till date of payment. The Insurance Company will deposit 50% of the additional compensation awarded by us as above without any delay. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg