High Court Kerala High Court

Jasmon vs Kunjumon on 22 September, 2008

Kerala High Court
Jasmon vs Kunjumon on 22 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1168 of 2005()


1. JASMON, S/O. MUHAMMADALI,
                      ...  Petitioner

                        Vs



1. KUNJUMON, S/O. DIVAKARAN,
                       ...       Respondent

2. C.P. PONNAPPAN, S/O. PAVITHRAN,

3. THE NEW INDIA ASSURANCE CO. LTD.,

                For Petitioner  :SRI.T.B.SARASAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :22/09/2008

 O R D E R
                     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