IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 MACA.No. 100 of 2003(C) ----------------------- (AGAINST THE AWARD DATED 07/12/2002 IN OPMV.133/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD) .................... APPELLANT/PETITIONER ------------------------------------- AMEERALI.K.V.S., S/O.ABDUL RAHIMAN, AGED 26 YEARS, RESIDING AT VALIYA PURAYIL HOUSE, KUNIYA, P.O.PERIYA, HOSDURG TALUK. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: RESPONDENTS ------------------------ 1. B.SURESH BABU, S/O.N.V.BALAKRISHNAN, RESIDING AT NANDAVANAM VEEDU, VELLIKKOTH, P.O.AJANOOR, HOSDURG TALUK. 2. THE ORIENTAL INSURANCE COMPANY LTD, CITY BRANCH OFFICE, SOUTH BAZAR, KANNUR, P.O.KANNUR. 3. ABDULLAKUNHI, S/O.KIZHOOR MUHAMMED, R/AT KUNIYA, P.O.PERIYA. 4. THE UNITED INDIA INSURANCE COMPANY, P.B.NO.29, RAHMATH SHOPPING COMPLEX, KOTTACHERRY, KANHANGAD P.O. BY ADV. SRI.M.A.GEORGE FOR R4 SMT.DEEPA GEORGE SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON 15/07/2008 PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. No.100 of 2003 --------------------------------- Dated, this the 15th day of July, 2008 J U D G M E N T Ramachandran Nair, J. The appeal is filed for enhancement of compensation awarded by the MACT. It is seen that the MACT limited the entitlement to 30% as accident was caused primarily (70%) by the appellant claimant. The liability has to be borne by the 2nd respondent, the insurer of the auto- rickshaw. The compensation awarded under various heads is quite reasonable. We find that the income adopted for award of compensation for disability at Rs.1,500/- per month is too low. We refix the income at Rs.2,000/- per month for the purpose of fixing the compensation for disability. Consequently, compensation under this head is increased from Rs.30,000/- to Rs.40,000/-. The insurance company will deposit 30% of the amount with interest on the said amount @7.5% from the date of application till date of deposit. The appeal will stand allowed to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg