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 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 MACA.No. 157 of 2003() ---------------------- OPMV.565/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV) -------------------------------------------- SUBIN K.R., S/O.KADUNGAT RAMAKRISHNAN, THOTTIPAL P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. JOYSON, S/O.POULOSE, KOKKADAN HOUSE, AMBALLUR, ALAGAPANAGAR P.O. 2. ORIENTAL INSURANCE CO., IST FLOOR, 'U' BROTHERS BUILDING, GURUVAYUR ROAD, KUNNAMKULAM. ADV. SRI.ANCHAL C.VIJAYAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.157 of 2003 .................................................................... Dated this the 29th day of September, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. The appeal is filed for enhancement of compensation for the injury sustained by the appellant who was only 18 years of age at the time of accident. On going through the award and after hearing counsel for both sides, we feel enhancement is called for, for loss of earning power because appellant has a case that higher percentage of disability certified is reduced by the MACT without any basis. Besides this, according to him, notional income fixed at Rs.1,500/- is too low. Considering all these contentions, we enhance the compensation for loss of earning power from Rs.23,040/- to rupees fifty thousand. No other modification is called for in the award passed by the MACT. The Insurance 2 Company is directed to deposit the additional compensation with interest at 7.5% p.a. from date of application till date of payment. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms