IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 MACA.No. 1168 of 2005() ----------------------- OPMV.934/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/PETITIONER: --------------------------- JASMON, S/O. MUHAMMADALI, PUTHEN VEEDU, NEAR RAILWAY STATION, KUMBALAM P.O., ERNAKULAM. BY ADVS. SRI.T.B.SARASAN SRI.M.V.BAIJU RESPONDENTS/RESPONDENTS: ------------- 1. KUNJUMON, S/O. DIVAKARAN, PUTHENTHARA VEEDU, T.V.PURAM P.O., VAIKOM. 2. C.P. PONNAPPAN, S/O. PAVITHRAN, CHETTIYAPARAMBIL HOUSE, T.V. PURAM P.O.,VAIKOM. 3. THE NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, ETTUMANOOR, KOTTAYAM. BY ADV. SRI. JACOB MURICKAN (SC) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1168 OF 2005 --------------------------------------------------------- Dated this the 22nd day of September, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation awarded by the Additional Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV) No. 934 of 2000 for the injury sustained by the appellant in a road accident. Even though notice was not served on the third respondent - Insurance Company, as directed by us, Sri. Jacob Murickan one of the counsel in the panel of lawyers for the third respondent took notice for the Insurance Company. Though Sri. Jacob Murickan requested for time to get instructions, we feel there is no necessity to delay the matter because policy is admitted and enhancement of compensation claimed is only for the injury sustained to the leg of the appellant to the extent of 10% disability. 2. We have heard counsel appearing for the appellant and Adv. Sri. M.A.C.A. NO.1168/2005 2 Jacob Murickan appearing for the Insurance Company. 3. The main contention raised by counsel appearing for the appellant is that the monthly income of the appellant fixed by the Tribunal while granting compensation for loss of earning is too low. We find force in this contention because the appellant was only 26 years of age at the time of the accident which led to major injury and disability to one of his legs over which the bus ran over. After accepting 10 % disability, the Tribunal awarded Rs.40,600/- towards loss of earning power which does not appear to be based on any formula. However, we notice that the monthly income of the appellant was fixed at Rs.1,500/-. Going by the increase in wages, we feel that at least Rs.3,000/- can be fixed as monthly income of the appellant for determining compensation for loss of earning. The Tribunal granted Rs. 40,600/- towards loss of earning and a further amount of Rs.29,000/- towards compensation under various heads. Since, the Tribunal itself has not applied any formula for fixing the income of the appellant, we feel that fixation of a consolidated amount will serve the purpose. We, therefore, enhance the total compensation to Rs.1,25,000/- as against Rs.69.600/- awarded by the Tribunal. The Insurance Company is directed to deposit the additional compensation awarded by this Court M.A.C.A. NO.1168/2005 3 with interest at the rate of 7 1/2 % per annum from the date of application till the date of payment. The appeal is allowed as above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO.1168/2005 4 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 1168/2005 JUDGMENT 22nd September, 2008 M.A.C.A. NO.1168/2005 5