IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 114 of 2003() ---------------------- OPMV.167/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: APPELLANT/PETITIONER IN O.P(MV): ---------------------------------------------- ROY, S/O. JOSEPH, PUTHENPURAKKAL HOUSE, KANNARA P.O., THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN O.P(MV): -------------------------------------- 1. RAJEE POULOSE, S/O. POULOSE, UTHUKUZHIYIL HOUSE, KANNARA, THRISSUR DISTRICT. 2. ORIENTAL INSURANCE CO., 1ST FLOOR, ENSIGN BUILDINGS, M.G.ROAD, COCHIN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No.114 of 2003 ----------------------------------------- Dated this the 10th 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 motor cycle accident. The counsel contended that the income adopted at Rs. 1,500/- per month is too low because the appellant was an experienced painter which is a technical job. We find force in this contention because a qualified painter can earn more than 1,500/- per month. However, so far as the percentage of disability is concerned we do not think any modification is required, because it is an exaggerated percentage of disability by the Doctor. In this case also the appellant claims to have suffered 1 Centimeter reduction in the fractured leg which is the main reason for certifying 20% disability. We therefore decline to modify the percentage of disability on this circumstance. However the appellant will be entitled to additional compensation of Rs. 16,200/- for disability on account of re-fixation of wages from 1,500/- to Rs,2,250/- per month. There must be loss of income for six months due to temporary disablement for work. So the appellant will be entitled to additional amount of Rs.4,500/- The Insurance Company is directed to deposit the additional compensation amount with interest at the rate of 7 ½ % per annum from the date of application till the date of payment. This appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A No. 114 of 2003 ---------------------------- JUDGMENT 10th November, 2008