IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MACA.No. 321 of 2003() ---------------------- OPMV.955/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT /PETITIONER -------------------------------------- JAYARAJAN @ RAJU, S/O. K.G.RAMAKRISHNAN NAIR, KEECHERIL HOUSE, KANJIRAMATTAM KARA, THODUPUZHA BY ADV. SRI.SHAJI THOMAS PORKKATTIL RESPONDENTS: RESPONDENTS ------------------------ 1. DR. T.M.ABRAHAM, THEKKUMKATTIL HOUSE, OPPOSITE ST. MARY'S HOSPITAL, IDUKKI ROAD, THODUPUZHA. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., THODUPUZHA BRANCH. BY ADV. SRI.MATHEW JOHN (K) FOR R1 SRI.SUJESH MENON V.B. FOR R1 SRI.THOMAS MATHEW NELLIMOOTTIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.321 of 2003 .................................................................... Dated this the 16th day of July, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the second respondent-Insurance Company. The petitioner sustained a major injury in his abdomen on account of the accident caused by the first respondent who did not have a valid driving licence at the time of accident. The MACT awarded a total compensation of Rs.21,455/- out of which Rs.11,405/- is towards medical expenses. We find some force in the contention of the appellant that the compensation is inadequate. Even though petitioner was not consistent with regard to the nature of employment, we feel even as a daily wage earner petitioner will have monthly income of Rs.1,500/- as against Rs.1,250/- fixed by the Tribunal. Considering the nature of injury sustained by him, the petitioner would not have been able to work for minimum three months as against two months assumed by the MACT. Consequently, we increase the compensation payable for loss of income for three months at Rs.4,500/- as against Rs.2,500/- fixed by the MACT. Similarly compensation payable for pain 2 and suffering and for loss of enjoyment and amenities in life is increased from Rs.6,000/- to Rs.8,000/-. The additional compensation of Rs.4,000/- granted by us will be deposited by the Insurance Company with interest at 7.5% per annum from date of application till date of payment and the company will be free to recover it from the first respondent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms