IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 MACA.No. 403 of 2004() ---------------------- OPMV.2061/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- AUGUSTINE A.A., S/O. AUGUSTINE, AGED 38 YEARS, ALAKKAL HOUSE, KANNADIPOYIL, P.O.KUTTOOR, (VIA) M.M.BAZAR. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENTS -------------------------- 1. K.V.PUSHPARAJAN S/O. NARAYANAN, PONGARAM HOUSE, IRINAVU P.O., (VIA) CHERUKUNNU, KANNUR DISTRICT 2. KOOTHOOR KRISHNAN S/O. KARUNAKARAN, AGED 48 YEARS, RESIDING AT CHEEMENI, P.O.CHEEMENI, KASARAGOD DISTRICT. 3. THE NEW INDIA ASSURANCE CO. LTD., PAYYANNUR. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.403 of 2004 .................................................................... Dated this the 20th day of January, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. Appellant's main grievance is that his income fixed for the purpose of grant of compensation for disability is very low. We find force in this contention because appellant was a concrete worker and was only 38 years of age at the time of accident. We, therefore, increase his monthly income to Rs.2,000/- which will entitle him for an additional amount of Rs.15,300/- towards compensation for disability. Counsel for the appellant submitted that appellant was disabled for one year and therefore, compensation granted for loss of earning for six months is low. Going by the injury and the treatment he has undergone, we feel appellant is entitled to compensation for loss of earning for atleast nine months. Thus he will be entitled to additional compensation of Rs.9,000/- on this ground. Since no compensation is granted for loss of amenities and enjoyment 2 in life, we grant a sum of Rs.10,000/- under this head. The additional compensation of Rs.34,300/- granted by us will carry interest at 7.5% p.a. from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms