IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 MACA.No. 1891 of 2006() ----------------------- OPMV.1505/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV) -------------------------------------------- JAYAN, S/O.RAGHAVAN, MANGADAN HOUSE, PANANGATTUKARA P.O., VADANCHERY, NOW RESIDING AT C/O.GANESAN, PUTHEN HOUSE, CHELOOR P.O., IRINJALAKUDA, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. P.K.VARGHESE, S/O.KOCHUPOULO, PARAPPILLIL HOUSE, CHENGAL P.O., KALADY. 2. SABU GEORGE, S/O.GEORGE, AIKKARETH HOUSE, AYYAMPUZHA P.O. 3. MANAGER, ORIENTAL INSURANCE CO.LTD., ANGAMALY. 4. ALEX JOSEPH, S/O.JOSEPH, MAZHUVANCHERY HOUSE, ANNAMANADA P.O. 5. DAVIS V.V., VADAKKUMPADAN HOUSE, ANTHRAKKAMPADAM, PARIYARAM P.O. 6. MANAGER, NATIONAL INSURANCE CO.LTD., ALUVA. R6 BY ADV. SRI.E.M.JOSEPH R3 BY ADV. DR.ELIZABETH VARKEY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1891 OF 2006 -------------------------------------------- Dated this the 18th day of September, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant, who was a driver and was aged 30 years at the time of the accident. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. We feel the income fixed at Rs. 1500/- per month for fixing compensation for loss on account of permanent disability is too low. We therefore increase the monthly income to Rs. 3000/- and if the correct multiplier, which is 18, is applied, then the compensation under this head will be Rs. 1,03,680/-. The appellant will also get additional compensation for actual loss of earning for eight months, which is Rs. 12000/-. The insurance company is directed to deposit additional compensation with interest at 7.5 per cent per annum from the date of 2 application till date of deposit. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3