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 FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 MACA.No. 225 of 2003() ---------------------- (O.P.(MV) NO.876/1996 OF MACT, PUNALUR.) APPELLANT(S): APPELLANT/CLAIMANT -------------------------------- V.CHANDRAN, S/O. VASUDEVAN, UDAYANAKONAM VADDAKKUM KARA VEEDU, MATHIRA, MANCODU VILLAGE, KADAKKAL, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.C.S.MANU RESPONDENT(S): RESPONDENTS -------------------------- 1. HYDERALI, R/NO.4/119, VALANPUZHA, PALGHAT DISTRICT. 2. CHANDRAN S/O. KARUMBAN, KOILADU VEEDU, MATHOOR, ALATHOOR, PALGHAT DISTRICT. 3. BRANCH MANAGER, THE NEW INDIA ASSURANCE CO., 2ND FLOOR, U.K.BUILDING, CHEEROTHY ROAD, CALICUT. 4. ABOOBACKER HAJI, MANDELI HOUSE, F.C.KUNATHOOR, KUNDAMANGALAM, KOZHIKODE. ADV. SRI.A.C.DEVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON 22/05/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.225 of 2003 .................................................................... Dated this the 22nd day of May, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. After hearing the appellant and on going through the award, we notice that adequate compensation is granted under various heads. 15% disability claimed by the appellant was accepted by the MACT and compensation granted is based on a reasonable income of Rs.5,000/- per month. Even though Income Tax documents were produced which are essentially pertaining to tax deduction at source on Forest contracts, there is nothing to indicate that the appellant was earning steady income for any number of years. The injury sustained is basically to the right knee and the percentage of disability is accepted in terms of the claim. 2 The total compensation awarded is Rs.1,95,029/-, which to our mind is very reasonable. We, therefore, dismiss the appeal. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms