IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 1306 of 2004(D) ------------------------ OP(MV).807/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- S.MAHEESH SHARMA, AGED 32 YEARS, S/O. LATE MAHABALA SHARMA, SAMPATHILA, MAHALAXMI NILAYA, NEKRAJE P.O., KASARAGOD DISTRICT BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. SMT.NAJMA ALI SMT.K.AMBILY RESPONDENT(S): RESPONDENTS -------------------------- 1. K.DAMODARA, S/O. MALINGAN, DRIVER, P.O.MULLERIA, KASARAGOD DISTRICT. 2. S.SHIVARAMA S/O. S.RAMAKRISHNA BHAT, SAMPATHILA HOUSE, NEKRAJE P.O., KASARAGOD DIST. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, KASARAGOD. ADV. SRI.S.V.BALAKRISHNA IYER (SR.) FOR R1 & R2 SRI.K.JAYAKUMAR FOR R1 & R2 SRI.P.B.KRISHNAN FOR R1 & R2 SRI.HARISH R. MENON FOR R1 & R2 SRI.P.R.RAMACHANDRA MENON FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No.1306 of 2004 ----------------------------------------- Dated this the 12th day of November , 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. We have heard counsel appearing for the appellant and standing counsel appearing for the Insurance Company. The appellant, stated to be a Purchase Manager of an export firm , suffered injuries while he was on a business trip. Even though the appellant produced proof of employment and salary of Rs.16,000/-, the M.A.C.T. has fixed the monthly income at Rs. 2,000/- and granted compensation based on this amount. Besides this, the M.A.C.T. has reduced the percentage of disability which was actually certified by the Medical Board. The counsel for the appellant submitted that the reduction of monthly income and the percentage of disability by the M.A.C.T. are not justifiable. The counsel for the Insurance Company on the other hand submitted that the evidence produced is not believable and the income tax records pertain to payment of income tax subsequent to the accident. Even though we feel there was exaggeration with regard to monthly income and percentage of disability and the records pertaining to the payment of income tax also will not be conclusive evidence, we feel enhancement is called for. Considering the nature of employment of the appellant which is not doubted by the respondents,we are of the view that M.A.C.A. No. 1306 of 2004 -2- the monthly income adopted at Rs. 2,000/- is very low. We therefore re- estimate the income of the appellant at Rs. 4,000/- which entitles the appellant an additional compensation of Rs.1,02,000/- for permanent disability. Similarly for loss of earning capacity for six months the appellant is also entitled to a further sum of Rs.12,000/-. We do not find any grounds to modify the award under any other head . This appeal is accordingly allowed in part enhancing the total compensation by Rs. 1,14,000/- with direction to the Insurance company to pay the said sum with interest at the rate of 7 ½ % from the date of application till the date of payment. This appeal is allowed tot he above extent. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. M.A.C.A. No. 1306 of 2004 -3- C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A. No. 1306 of 2004 ---------------------------- JUDGMENT 12th November, 2008