The High Court increased compensation for the appellant's amputated right arm, adopting a 50% disability rating and a 17-multiplier, granting additional earnings loss compensation and life enjoyment compensation with interest.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931
MACA.No. 1587 of 2006() ----------------------OPMV.846/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD ....................
APPELLANT(S): APPELLANT/PETITIONER:
A. NIZAR, AGED 40 YEARS, S/O. YOUSUF, CHERUVILLA HOUSE, RAGHUNATHAPURAM, VARKALA, THIRUVANANTHAPURAM.
BY ADV. SRI.M.V.AMARESAN
RESPONDENT(S): RESPONDENT NO.3: -------------------------------
THE UNITED INDIA INSURANCE CO. LTD., RADHA GOVIND COMPLEX, KAIKINI ROAD, KARWAR, KARNATAKA STATE.
ADV. SRI.P.V.JYOTHI PRASAD FOR R1
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ.
-------------------------------------------M.A.C.A. No. 1587 OF 2006
-------------------------------------------Dated this the 7th day of April, 2009
JUDGMENT
Ramachandran Nair,J.
Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. The injury led to amputation of right arm of the appellant below the elbow. The first contention of the appellant is about percentage of disability adopted by the MACT which is 50%. According to appellant, disability certified by the doctor was 75%. However, standing counsel for the insurance company rightly pointed out that amputation of right arm below the elbow does not lead to disability above 50%. We therefore reject this contention.
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contentions. We feel appellant is entitled to have his net monthly income fixed at least at Rs. 2500/- and applying the applicable multiplier 17, the appellant will be entitled to additional compensation for loss of earning capacity of Rs. 1,42,500/-. Besides this,for six months' loss of earning, appellant will be entitled to additional compensation of Rs. 7500/-. Appellant will also be entitled to some compensation for fixing artificial limb with which his efficiency will go up. We therefore grant a sum of Rs. 10,000/- under this head. Since appellant has lost his right arm below elbow at a fairly young age, we grant Rs. 10000/- towards compensation for loss of enjoyment in life. The total additional compensation of Rs. 1,70,000/- will carry interest at 7.5 per cent from the date of application till date of deposit.
Appeal is allowed as above.
(C.N.RAMACHANDRAN NAIR) Judge.
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2 issues framed by the court
Is the percentage of disability for amputation of the right arm below the elbow correctly assessed at 50% rather than 75%?
Should the multiplier for compensation be 17 instead of 15 for the appellant's net monthly income?
A. NIZAR
THE UNITED INDINSIA INSURANCE CO. LTD.
C.N.RAMACHANDRAN NAIR
K.SURENDRA MOHAN
As recorded by the court registry
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