IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 MACA.No. 1130 of 2005(D) ------------------------ OPMV.602/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/PETITIONER: ---------------------------------- SUBHASH KUMAR, KALAMBUKATTU, POOVARANY P.O. BY ADV. SRI.C.M.TOMY SRI.MATHEW SKARIA RESPONDENT(S): RESPONDENTS: ------------------------------ 1. TOMY T.J., THENGUMTHOTATHIL, PALAKKATTUMALA P.O. 2. THE NATIONAL INSURANCE CO. LTD., PALA. ADV. SRI.LAL GEORGE FOR R2 SRI.MATHEW JOHN (K) FOR R1 SRI.SUJESH MENON V.B. FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No.1130 of 2005 -------------------------------------- Dated this the 27th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. The appellant, who was the claimant before the Tribunal, sustained injuries while travelling on the pillion of a Motor Cycle which was hit by a Maruti Van. He sustained head injury with extradural haematoma along with other external injuries and multiple abrasions. He underwent major surgery for removal of haematoma and continued prolonged treatment as outpatient. The injury sustained had resulted in persistent disability which is assessed at 15% as per Ext.A3 certificate. 2. Heard the learned counsel appearing for the appellant and the Standing Counsel appearing for the 2nd respondent/insurance company. It is contended by the appellant that inspite of production of certificate issued by the employer evidencing that the appellant was working as a salesman in a jewellery shop, the Tribunal had adopted only a notional income of Rs.1800/- per month for the purpose of computing compensation for permanent disability, which according to the appellant, is highly unrealistic. It is contended that the amount awarded under various heads are too inadequate. MACA.1130 /05-D 2 3. On an active consideration of the award we find that the salary certificate produced was not proved properly and hence we could not find fault with the fixation of notional income. On an evaluation of the evidence on record we find that the amount awarded under different heads are quite reasonable. It is contended by the appellant that the permanent disability resulted due to the head injury is persistent in nature and require prolonged continued treatment. Inspite of claim for expenses towards continued treatment the Tribunal had not awarded any amount. We feel it is only just and reasonable to award an amount of Rs.10,000/- under the head of expenses for continued treatment. 4. In the result the appeal is partly allowed enhancing the total compensation of Rs.92,450/- fixed by the Tribunal by a further sum of Rs.10,000/- which will carry interest at 9% per annum from the date of claim petition till payment. The 2nd respondent/insurance company is directed to make payment of the amount within a period of 3 (three) months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb