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 FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 MACA.No. 63 of 2005() --------------------- OPMV.825/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER IN OP MV: -------------------------------------------- VENUGOPAL, S/O.APPU NAIR, NOTTATH HOUSE,EAST FORT P.O. THRISSUR, NOW R/A. C/O.RAMAN NAIR, PALACKAL HOUSE, KALLETTUMKARA P.O. MUKUNDAPURAM, TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENT IN OP.M.V. ------------------------------------ 1. P.GANGADHARAN, S/O.KELAPPAN, KATTIL HOUSE, EDACHERRY P.O. VADAKARA. 2. K.K.PRAKASAN, S/O.KRISHNAN, KOTHODE HOUSE, MOILATHARA. 3. THE UNITED INDIA INSURANCE CO, SUNITHA BUILDINGS, D.B.ROAD, R.S.PURAM, COIMBATORE -2. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.63 of 2005 .................................................................... Dated this the 12th day of June, 2009. JUDGMENT Abdul Rehim, J. The claimant in O.P.(M.V.) No.825/1997 on the files of Motor Accidents Claims Tribunal, Irinjalakuda is the appellant. He was aged 41 years at the time of accident. The appellant claims to have been working as an Accountant in Dubai. The accident occurred when a bus collided with a car in which he was traveling. The appellant sustained fracture and dislocation of hip and also fracture of tibial condyle. The injuries had resulted in causing continuing permanent disability, which was assessed as 22% as per Ext.A9 disability certificate issued by PW3. According to the appellant, the accident occurred when he was on leave and when he was proceeding to the Airport for returning to Dubai. Eventhough the employment certificate produced was not properly proved and accepted, it is evident from the Passport produced that, the appellant was working in Dubai. But the Tribunal had awarded only a lumpsum compensation of Rs.50,000/- 2 under the head of continuing permanent disability, finding that the orthopaedic disability if any caused has not resulted in loss of earning power. The Tribunal had further granted an amount of Rs.6,000/- towards loss of amenities and enjoyment in life. However, we feel that the lumpsum amount of compensation granted for continuing permanent disability as well as the amount awarded under the head of loss of amenities and enjoyment in life are on the lower side. The amounts awarded under various other heads also seem to be slightly on the lower side. Considering the entire facts and circumstances on record, we feel that enhancement of the total compensation by an additional amount of Rs.25,000/- will meet the ends of justice. 2. In the result, the appeal is partly allowed enhancing the total compensation of Rs.85,400/- awarded by the Tribunal by an additional sum of Rs.25,000/-. Both the original amount as well as the additional amount of compensation will carry interest at 7.5% p.a. from the date of application till the date of payment. The third respondent-Insurance 3 Company is directed to make payment of the amount within a period of three months from today. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms