IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 MACA.No. 472 of 2003() ---------------------- (AGAINST THE AWARD DATED 31/03/2003 IN OPMV.1571/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR) .................... APPELLANT/PETITIONER ------------------------------------- ABDUL KAREEM K.B., AGED 51 YEARS, S/O.BAPPU B., MANGALAPPILLY HOUSE, PLOT NO.112, G.C.D.A., CONVENT ROAD - 1, THOTTAKKATTUKARA P.O., ALUVA. BY ADV. SRI.PHILIP J.VETTICKATTU SMT.ANNIE PAUL RESPONDENTS: RESPONDENTS ------------------------ 1. K.P.KURIACHAN, S/O.PATHROSE, AGED 35 YEARS, KODALIPARAMBIL HOUSE, KANNARA, THRISSUR DISTRICT. 2. T.T.JOSEPH, S/O.THOMAS, THERMADAM HOUSE, POOTHOLE, ARANATTUKARA, TRICHUR. 3. M/S.NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, 2ND FLOOR, PERINCHERRY BUILDING, ROUND NORTH, TRICHUR - 680001. BY ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, ALONG WITH MACA NO.475/2003, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MACA NO.472/2003 ORDER ON IA NO.1654/2003 IN MACA NO.472/2003 DISMISSED. SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) 09/07/2008 SD/- (V.K.MOHANAN, JUDGE) //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. Nos. 472 & 475 of 2003 --------------------------------- Dated, this the 9th day of July, 2008 J U D G M E N T Ramachandran Nair, J. The appeals are filed against a common order by husband and wife, who suffered injuries on account of accident caused by driver of a bus, which hit the appellant couple's car from behind. 2. We have heard learned counsel appearing for the appellants and learned standing counsel for the insurance company. 3. Even though, the Tribunal is fairly reasonable in the award of compensation under various heads, we feel some modification is called for in regard to compensation awarded to the appellant in MACA No.475/03 under the heads of loss of amenities and disabilities, disfigurement on account of loss of teeth and injury to the lips and for the consequent disabilities caused to the appellant. We modify the award by increasing the compensation for loss of amenities and disabilities from Rs.12,000/- to Rs.25,000/- and for loss of teeth and disfigurement from Rs.3,000/- to Rs.10,000/-. Consequently, MACA No.475/03 is disposed of modifying the award by granting an addition of Rs.20,000/- towards M.A.C.A. Nos. 472 & 475 of 2003 -2- compensation under the above two heads. 4. In so far as the appeal No.472/03 is concerned also, we find the compensation awarded under several heads is quite reasonable. However, it is seen that the appellant had resigned after accident and there is no evidence about his gainful employment thereafter. However, the appellant, being a qualified and experienced engineer, would be able to work later in life after being recovered from injuries, if he so desires. Considering all these facts, we increase the compensation for loss of earning power from Rs.21,840/- to Rs.35,000/-. Similarly, the compensation for loss of amenities and enjoyment of life is increased from Rs.15,000/- to Rs.20,000/-. MACA No.472/03 is disposed of by modifying the award to the above extent. The Insurance Company will deposit additional compensation in the case of both the appellants with interest at 7.5% from the date of application till date of deposit. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg