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2022 DIGILAW 1365 (SC)

C. L. Harikumar v. M. Pazhaniswamy

2022-09-02

A.S.BOPANNA, PAMIDIGHANTAM SRI NARASIMHA

body2022
ORDER 1. Leave granted. 2. The appellant is before this Court assailing the judgment dated 01.08.2018, passed by the High Court of Kerala at Ernakulam in MACA. No. 631/2012. Through this appeal, the appellant is seeking further enhancement of the compensation. 3. Having heard the learned counsel for the appellant,a perusal of the records indicate that the Motor Accidents Claims Tribunal (for short 'MACT') having considered the evidence on record, had reckoned the income of the appellant at Rs. 2,500/- (Rupees Two Thousand Five Hundred Only) per month and has thereafter, arrived at the compensation of Rs.3,40,900/- (Three Lakhs Forty Thousand Nine Hundred Only) with interest. 4. The High Court, while taking into consideration the grounds urged in the appeal, has enhanced the compensation to Rs. 5,44,300/- (Rupees Five Lakhs Forty Four Thousand Three Hundred Only) by reckoning the income of the petitioner at Rs.4,500/- (Rupees Four Thousand Five Hundred Only) per month. 5. The learned counsel for the appellant while seeking further enhancement, has contended that the appellant was a tractor driver, due to the injuries suffered in the accident his hand was amputated and therefore, the disability ought to have been taken at a higher percentage than the one reckoned by the MACT. 6. Having given our thoughtful consideration to the said submission, we find that there is no evidence placed before the MACT to indicate that the petitioner was in fact a tractor driver who has lost his avocation subsequently and cannot do any other work so as to arrive at any higher rate of disability. 7. Be that as it may, taking into consideration that the hand of the appellant was amputated and has undergone certain pain and agony, it would be appropriate to grant global enhancement and determine the total compensation at Rs. 6,00,000/- (Rupees Six Lakhs Only) as against Rs. 5,44,300/-(Rupees Five Lakhs Forty Four Thousand Three Hundred Only) granted by the High Court. The enhanced portion amounting to Rs.55,700/- (Rupees Fifty Five Thousand Seven Hundred Only) shall be deposited with interest at 7.5% p.a. from the date of petition before the MACT by the Respondent No.3 (United India Insurance Co. Ltd.) within six weeks from the date of receipt of a copy of this Order. The Respondent No.3 (United India Insurance Co. The enhanced portion amounting to Rs.55,700/- (Rupees Fifty Five Thousand Seven Hundred Only) shall be deposited with interest at 7.5% p.a. from the date of petition before the MACT by the Respondent No.3 (United India Insurance Co. Ltd.) within six weeks from the date of receipt of a copy of this Order. The Respondent No.3 (United India Insurance Co. Ltd.) shall be entitled to recover the said amount from the owner of the vehicle, as was ordered by the High Court. 8. The appeal is accordingly, disposed of. 9. Pending application(s), if any, shall stand disposed of.