IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1167 of 2006()
1. VINO JOHN DANIEL ALIAS VINU,
... Petitioner
Vs
1. NADARAJAN, MANU BHAVAN,
... Respondent
2. MANURAJ, DO.
3. THE NEW INDIA ASSURANCE CO.LTD.,
For Petitioner :SRI.JACOB P.ALEX
For Respondent :SRI.JOY GEORGE
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :27/11/2008
O R D E R
C.N. RAMACHANDRAN NAIR
&
HARUN-UL-RASHID, JJ.
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M.A.C.A.NO. 1167 OF 2006
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Dated this the 27th day of November, 2008
JUDGMENT
Ramachandran Nair, J.
Appeal is filed for enhancement of compensation for the injuries
sustained by the appellant who was a medical student preparing for the
first year M.B.B.S. examination under the old scheme at the time of the
accident on 10.3.1996. The offending vehicle was a motorbike driven by
the second respondent. The Motor Accidents Claims Tribunal,
Pathanamthitta granted compensation against the third respondent-insurer.
The appellant’s case is that the notional income fixed at Rs.1,500/- per
month is very low when compared to the prospects of a doctor in his
career.
2. We have gone through the award and we find force in the
contention that the income fixed is very low because the appellant was
academically brilliant and he was a medical student at the time of the
M.A.C.A. NO.1167/2006 2
accident. It is stated in the award that the appellant lost almost three years
of his studies on account of the accident. Counsel appearing for the
appellant submitted that on account of the delay in studies caused by the
accident, the appellant could complete the M.B.B.S. course only at the age
of 35 and consequently he was not eligible to apply for Government job.
However, it is seen that the disability certified by the Medical Board is
only 15%. Substantial compensation was granted at the rate of
Rs.1,00,000/- for pain and suffering and for loss of enjoyment in life.
Therefore, modification is called for only with regard to the compensation
granted for disability. Loss of opportunities to apply for Government job
does not appear to be a ground for enhancement of compensation because
qualified doctors get decent employment and remuneration in private
sector and large number of self employed doctors are earning good
income. The appellant had not pursued higher studies even though he
had not suffered any brain injury or injury affecting his faculty of studies.
Considering the income of graduate doctors at the time of the accident, we
feel the appellant is entitled to a notional income of Rs.60,000/- per year.
Applying this as the notional income and by applying the same multiplier,
we enhance the compensation for disability from Rs.40,500/- to
Rs.1,62,000/-. Additional compensation granted by us will carry interest
M.A.C.A. NO.1167/2006 3
at the rate of 7.5% per annum from the date of application till date 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.1167/2006 4
C.N. RAMACHANDRAN NAIR
&
HAURN-UL-RASHID, JJ.
M.A.C.A. NO. 1167/2006
JUDGMENT
27th November, 2008
M.A.C.A. NO.1167/2006 5