IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 MACA.No. 1544 of 2006() ----------------------- OPMV.3896/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- RANJITH @ KANNAN, AGED 31 YEARS, S/O.RAVEENDRAN, KANNANSERIL HOUSE, NEAR DESABHIMANI ARTS CENTRE, KONAM, PALLURUTHY, COCHIN-6. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- 1. RAJ VARMA, S/O.K.R.VARMA, T.C.5/1353/(1), "SARAS", AMBALAM JUNCTION, KOWADIAR, THIRUVANANTHAPURAM AND NOW WORKING AS ACCOUNTS OFFICER, AMISON FOODS LTD., COCHIN-5. 2. SHINEMON, S/O.REGHUVARAN, THARAYIL HOUSE, PAI ROAD, PERUMPADAPPU, PALLURUTHY, COCHIN-6. 3. THE ORIENTAL INSURANCE CO.LTD., BY ITS REGL.MANAGER, REGL. OFFICE, MUTHOOT TOWERS, M.G.ROAD, COCHIN-35. ADV. SRI.MATHEWS JACOB (SR) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08.06.2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. -------------------------------------------------------- MACA NO.1544 OF 2006-A -------------------------------------------------------- Dated 8th June 2009 Judgment JOSEPH, J. The appellant is the petitioner in OP(MV)No.3896/97 filed under S.166 of the Motor Vehicles Act. He has suffered fracture and his right leg is amputated above knee. He is awarded a total compensation of Rs.1,91,500/- (Rupees One Lakh Ninety One Thousand Five Hundred only). The learned counsel for the appellant raised four points before us. She would submit firstly that the income should have been taken @ Rs.2,000/- instead of Rs.1,500/-. She would further submit that because of the amputation, there is loss of marriage prospects to the appellant. She also submits that the appellant should have been awarded some more amount towards future medical treatment. It is lastly contended that the amount awarded towards disability is on the basis of taking 40% disability, she would contend that 55% should have been taken as the percentage of disability. As the appellant was working as a headload worker, he is permanently MACA 1544/06 2 disabled from working as a headload worker. Per contra, the learned counsel for the Insurance Company pointed out that there is no need for increasing the income. The accident occurred in 1997 and the percentage of 40% disability is only reasonable. As the disability caused to the appellant is an orthopedic disability, though he is disabled from working as a headload worker, he could have carried out any other vocation like business. She would also submit that there is no definite claim made towards future medical treatment. 2. Having heard the learned counsel for the appellant and the Insurance company, we feel that the appellant is entitled to enhancement. There is evidence of appellant as PW1. This is a first appeal. We cannot close our eyes to the fact that the appellant was working as a headload worker and though the accident took place in 1997, we feel that the income can be safely fixed @ R.1,800/- per month. We also feel that the appellant is entitled to enhancement on the score that having regard to his vocation and the admitted position that in view of the amputation of his leg above knee, he was permanently MACA 1544/06 3 disabled from carrying out the vocation of headload work and the doctors certified 55% disability. We feel that the disability can be fixed @ 50%. We also feel that the appellant would be entitled to some compensation towards loss of marriage prospects. Certainly, a person with one leg amputated and that too, above knee, would face diminution in prospects in the matrimonial field. The learned counsel for the appellant fairly submitted that subsequently, he has got married. Whatever be that, we feel that the compensation should be Rs.10,000/-. Regarding the claim towards future medical treatment, we do not see any material, justifying any further increase. 3. Thus the appellant would be entitled to a net enhancement of Rs.64,000/- on the basis that the income of the appellant is to be fixed @ Rs.1,800/- instead of Rs.1,500/- and the disability is to be fixed @ 50% instead of 40% and a sum of Rs.10,000/- is to be awarded towards loss of marriage prospects. The appellant is entitled to realise Rs.64,000/- more MACA 1544/06 4 from the respondents jointly and severally with 7.5% interest from the date of filing the petition till the date of realisation. The MACA is allowed as above. K.M.JOSEPH, JUDGE M.L.JOSEPH FRANCIS, JUDGE sta MACA 1544/06 5