(1.) THIS appeal is directed against the judgment dated 5th March, 2009 passed by the High Court of Kerala in Motor Accident Claims Appeal No. 1441 of 2004.
(2.) THE case of the appellant is that he was employed in Malaysia as a Tool & Die Engineer. He had come to his native town in Kerala to attend his sister 's wedding. On 15.5.1996, when the appellant was traveling in a jeep, a bus coming from the opposite direction rammed into the jeep resulting in five deaths and the appellant suffered severe injuries, namely a crush injury on his upper right arm which had to be amputated. The appellant was treated as an in -patient in the hospital for 42 days and during which time four surgeries were conducted on him.
(3.) THE appellant, being aggrieved by the aforesaid award of the Tribunal, filed M.A.C.A. No. 1441 of 2004 before the High Court of Kerala. The Division Bench of the High Court, reassessed the entire case and opined that the Tribunal ought to have reasonably assessed the monthly salary which the appellant was getting at the time of accident. However, taking into consideration, the totality of the facts and circumstances of the case, the High Court fixed the monthly income of the appellant at Rs.5,000/ - p.m., instead of Rs.3,000/ - fixed by the Tribunal, and enhanced the compensation from Rs.5,15,700/ -, as awarded by the Tribunal, to Rs. 8,43,500/ -, which is inclusive of Rs.4,200/ - awarded towards extra nourishment. The High Court, enhanced the interest payable on the compensation to the appellant from 31.12.2001, from 6% p.a. to 7.5% p.a.