IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MACA.No. 454 of 2003() ---------------------- OPMV.606/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT/PETITIONER IN THE O.P(MV) NO.606/99 ----------------------------------------------------------- MOHAMMED ALI, S/O.AZEEZ, MELETHIL HOUSE, NAYADIKUNNU, MANNARKKAD (POST), MANNARKKAD TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): RESPONDENTS IN O.P(MV) NO.606/99 ----------------------------------------------- 1. NOUSHAD, S/O.MOIDUNNI, PONNANIKKATTIL HOUSE, NAYADIKUNNU, MANNARKKAD, MANNARKKAD TALUK.(*)(DELETED) 2. P.DEVADASAN, S/O.APPUKUTTAN NAIR, PUTHEN VEEDU, ARAYANKODE, THENKARA (POST), MANNARKKAD.(*)(DELETED) 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, HOSPITAL JUNCTION, MANNARKKAD. (RESPONDENTS 1 AND 2 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 4.8.2008 IN I.A. NO.1901/2008.) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.454 of 2003 .................................................................... Dated this the 13th day of October, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation for the injury sustained by the appellant in a motor accident. Even though MACT found eligibility for the appellant and ordered compensation, the amount of compensation awarded for loss of earning power is only Rs.25,000/-. According to counsel, disability certificate shows 10% disability and going by the appellant's income, appellant would be entitled to compensation under this head above Rs.50,000/-. We find force in this contention because appellant suffered fracture of both bones of one leg which would certainly affect his earning capacity, particularly when he is a self-employed person in the business of running a tea shop. We, therefore, enhance the total compensation by a further sum of Rs.25,000/- with direction to the Insurance Company to deposit the additional compensation amount with 2 interest at 7.5% p.a. from date of application till date of deposit. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms