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 THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 MACA.No. 1309 of 2004() ----------------------- OPMV.168/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): PETITIONER/APPELLANT: ----------------------------------- NIZAR, S/O. IBRAHIM, VELIYIL NIKARTHIL, WARD NO.V, KUTHIYATHODU PANCHAYATH. BY ADV. SRI.ESM.KABEER RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, M/S. AMALGAM FOODS LTD., NIMA HOUSE, IV, MAIN ROAD, KOCHI-3. 2. DILEEP KUMAR, S/O. DAMODARAN, MOOLAPARAMBIL VEEDU, WARD NO.III, EZHUPUNNA PANCHAYATH. 3. THE NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, WILLINGTON ISLAND, KOCHI. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 1309 OF 2004 -------------------------------------------- Dated this the 22nd day of January, 2009 JUDGMENT Ramachandran Nair,J. Heard counsel appearing for the appellant and standing counsel appearing for the insurance company. The case of the appellant is that injuries left his one leg short by two inches and therefore disability at 12% is certified. However, standing counsel for the insurance company pointed out that appellant is also granted compensation for disability at Rs. 20,000/- and a further sum of Rs. 6,000/- for loss of earning power, and it cannot be granted together. Even though we agree that compensation cannot be granted together under these two heads, we feel there is no scope for interference because going by the percentage of disability certified and taking at least Rs. 1500/- as monthly income, the total compensation payable under this head will be something around Rs. 35,000/- while the compensation granted under these two heads is only Rs. 26,000/-. We therefore allow the 2 appeal in part by enhancing the compensation by a further sum of Rs. 10,000/- which will carry interest at 7.5 per cent per annum from the date of application till date of payment. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL REHIM) Judge. kk 3