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.
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M.A.C.A.NO. 1168 OF 2005
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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