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. 510 of 2006() ---------------------- OPMV.1054/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- VIJAYAN @ VIJAYAKRISHNAN, S/O.KUNJUKUTTY AMMA, RESIDING AT CHAKKATH HOUSE, P.O.EDAMUTTAM, THRISSUR. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS SRI.SUNIL J.CHAKKALACKAL RESPONDENT(S): --------------- 1. V.S.ALIKUNJU, S/O.SULAIMAN, RESIDING AT AZAD MANZIL, P.O.ASHOKAPURAM, MANAKAPADY, ALUVA, ERNAKULAM DISTRICT. 2. THE ORIENTAL INSURANCE COMPANY LTD., P.M.A. BUILDINGS, IST FLOOR, BANK JUNCTION, ALUVA. ADV. SRI.VPK.PANICKER FOR R2 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.510 of 2006 .................................................................... Dated this the 4th day of June, 2009. JUDGMENT Abdul Rehim, J. Claimant before the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(M.V.) No.1054/1999 is the appellant herein. Appeal is filed seeking enhancement of compensation awarded by the Tribunal. The appellant sustained injuries while riding a motorcycle which was hit by a car. He sustained injuries on the temporal region including sutured wound on the forehead and sub dural hygroma and midline shifting of the skull bone. According to the appellant, he was working as a Chef in Dubai and was on leave when the accident occurred. No evidence with respect to his employment or income was produced before the Tribunal. However, Ext.A10 Passport of the appellant produced will show that his occupation as 'Cook' and it will further show that the appellant was working abroad. Even though certificate evidencing 20% permanent disability was produced, the Tribunal assessed permanent disability at 6%. But the Tribunal took 2 only a notional income at Rs.1,500/- per mensem, for computing compensation for permanent disability. Towards loss of income, the Tribunal awarded only an amount of Rs.3,000/-. Further, for loss of amenities and enjoyment in life the Tribunal awarded a sum of Rs.1,000/- only. On an anxious consideration we feel that the amount awarded on the above three heads needs reconsideration. 2. Considering the entire evidence on record, we find that the amounts awarded under the above stated heads are on the lower side. Therefore, we are inclined to increase the compensation by another sum of Rs.25,000/-. The additional amount of compensation will carry interest at the rate of 7.5% p.a. from the date of application till date of payment. The second respondent is directed to make deposit of the compensation within three months. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms