IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 388 of 2006() ---------------------- OPMV.1422/1997 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S)/CLAIMANT: -------------------------------- C.AHAMMED KUTTY, AGED 59 YEARS, S/O.KALANTHANKUTTY HAJI, VOLUTHARAMBATH HOUSE, NANMINDA POST, KOZHIKODE DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S)/RESPONDENTRS: --------------- 1. N.K.PRAKASAN, AGE NOT KNOWN, S/O.SAROJINI AMMA, MELEMANNIL HOUSE, KOTTAMPARAMBA POST, KOZHIKODE. 2. PRAJITH, AGED 25 YEARS, S/O.BHASKARAN, THAYATTU HOUSE, ERAVANNUR POST, NARIKUNI VIA, KOZHIKODE. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, CALICUT BRANCH-III, TRIPURI BUILDING, NADAKKAVU EAST, KOZHIKODE. ADVS. SRI.K.SANEESH KUMAR FOR R1 SRI.RENIL ANTO KANDAMKULATHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 388 OF 2006 --------------------------------------------------------- Dated this the 6th day of November, 2008 JUDGMENT Ramachandran Nair, J. Heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. Appeal is filed for enhancement of compensation for the serious injuries sustained by the appellant. 2. We find from the records and from the award passed by the Principal Motor Accidents Claims Tribunal, Kozhikode that the appellant sustained injuries in a bike accident and was treated for three months in different hospitals in Kozhikode and Mangalore. He suffered serious injuries to his pelvis bone, urethra and crush injury on both ankles. 30% disability was certified which was accepted by the Tribunal and compensation is seen granted for disability by taking monthly income at Rs.1,500/-. However, we find force in the contention of the appellant that M.A.C.A. NO. 388/2006 2 his income as L.I.C. agent is much above than that fixed by the Tribunal. The appellant produced statement of accounts and examined the Assistant Manager as PW.2 to prove his income. Standing Counsel for the Insurance Company submitted that on the date of accident, monthly income of the appellant was only Rs.1,500/- and subsequent income cannot be reckoned for grant of compensation for disability. 3. Income of an L.I.C. agent is fluctuating and when a statement is furnished showing his income for the relevant period, average monthly income has to be taken for the purpose of fixing compensation. Even though the claim of Rs.4,500/- per month is a bit on the higher side, we fix the monthly income at Rs.3,000/- which entitles the appellant for an additional compensation of Rs.43,200/- under the head disability. The appellant, therefore, gets double the amount granted by the Tribunal. Consequent upon the increase of income, loss of temporary earning will stand increased from Rs.9,000/- to Rs.18,000/- Besides this, we feel the appellant is entitled to more amount towards cost of treatment as he was in the hospital at a far away place at Mangalore and was an inpatient for three months. We, therefore, grant an additional compensation of Rs.10,000/- under this head. The additional compensation will carry interest at the rate of 7.5 % per annum from the date of application till date M.A.C.A. NO. 388/2006 3 of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO. 388/2006 4 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 388/2006 JUDGMENT 6th November, 2008 M.A.C.A. NO. 388/2006 5