IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MACA.No. 1167 of 2006() ----------------------- OPMV.764/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S)/PETITIONER: ----------------------------------- VINO JOHN DANIEL ALIAS VINU, GREEN HOUSE, SANTHOSH JUNCTION OMALLOOR VILLAGE, PATHANAMTHITTA. BY ADV. SRI.JACOB P.ALEX RESPONDENT(S)/RESPONDENTS: --------------- 1. NADARAJAN, MANU BHAVAN, PANNIALI, OMALLOOR, PATHANAMTHITTA. 2. MANURAJ, -DO-. 3. THE NEW INDIA ASSURANCE CO.LTD., CHANGAYIL BUILDING, COLLECTORATE ROAD, PATHANAMTHITTA. ADV. SRI.JOY GEORGE FOR R.3 SMT.PRAICY JOSEPH SMT.ANU VENU FOR R.3 SRI.S.P.ARAVINDAKSHAN PILLAY FOR R1,2 SMT.N.SANTHA FOR R1,2 SRI.PETER JOSE CHRISTO FOR R1,2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1167 OF 2006 --------------------------------------------------------- Dated this the 27th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant who was a medical student preparing for the first year M.B.B.S. examination under the old scheme at the time of the accident on 10.3.1996. The offending vehicle was a motorbike driven by the second respondent. The Motor Accidents Claims Tribunal, Pathanamthitta granted compensation against the third respondent-insurer. The appellant's case is that the notional income fixed at Rs.1,500/- per month is very low when compared to the prospects of a doctor in his career. 2. We have gone through the award and we find force in the contention that the income fixed is very low because the appellant was academically brilliant and he was a medical student at the time of the M.A.C.A. NO.1167/2006 2 accident. It is stated in the award that the appellant lost almost three years of his studies on account of the accident. Counsel appearing for the appellant submitted that on account of the delay in studies caused by the accident, the appellant could complete the M.B.B.S. course only at the age of 35 and consequently he was not eligible to apply for Government job. However, it is seen that the disability certified by the Medical Board is only 15%. Substantial compensation was granted at the rate of Rs.1,00,000/- for pain and suffering and for loss of enjoyment in life. Therefore, modification is called for only with regard to the compensation granted for disability. Loss of opportunities to apply for Government job does not appear to be a ground for enhancement of compensation because qualified doctors get decent employment and remuneration in private sector and large number of self employed doctors are earning good income. The appellant had not pursued higher studies even though he had not suffered any brain injury or injury affecting his faculty of studies. Considering the income of graduate doctors at the time of the accident, we feel the appellant is entitled to a notional income of Rs.60,000/- per year. Applying this as the notional income and by applying the same multiplier, we enhance the compensation for disability from Rs.40,500/- to Rs.1,62,000/-. Additional compensation granted by us will carry interest M.A.C.A. NO.1167/2006 3 at the rate of 7.5% per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO.1167/2006 4 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 1167/2006 JUDGMENT 27th November, 2008 M.A.C.A. NO.1167/2006 5