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 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 MACA.No. 1505 of 2005() ----------------------- OPMV.1443/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S)/PETITIONER ---------------------------------- K.T.MOHAMMED UNNI, S/O.RAYINKUTTY HAJI, RESIDING AT PARAKKOTTIL HOUSE, P.O.WANDOOR, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S)/RESPONDENTS: --------------- 1. N.SHOUKATHALI, S/O.ALAVIKUTTY, NAVATHUKKAL HOUSE, KARAD.P.O., VELLUVAMBRAM, MALAPPURAM DISTRICT. 2. K.GOPALAKRISHNAN, S/O.CHAATHAARU, KORAKUNNATH HOUSE, WANDOOR.P.O., MALAPPURAM DISTRICT. 3. UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, UP HILL, MALAPPURAM DISTRICT. ADVS. SRI.V.R.KESAVA KAIMAL FOR R1 & 2 SRI.N.M.MADHU FOR R1 & 2 SRI.JOHN JOSEPH VETTIKAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1505 OF 2005 --------------------------------------------------------- Dated this the 4th day of December, 2008 JUDGMENT Ramachandran Nair, J. Heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. The main grievance of the appellant is about the notional income fixed by the Motor Accidents Claims Tribunal, Manjeri for granting compensation for disability. We find some force in the contention of the appellant because he claims to be an employee in a petrol bunk which is not opposed by the respondents. 2. The accident happened on 29.5.2001. We feel the appellant would have been getting at least a monthly income of Rs.2,500/- at the time of the accident. This will entitle the appellant for additional compensation of an equal amount of Rs.15,300/- for disability. Temporary disability of the appellant would not have led to loss of employment for more than three months. Therefore, we do not think any corresponding increase is required in the compensation awarded for loss of wages on M.A.C.A. NO.1505/2005 2 account of temporary disability. The additional compensation of Rs.15,300/- granted by us will carry interest 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.1505/2005 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 1505/2005 JUDGMENT 4th December, 2008