IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 838 of 2004() ---------------------- OPMV.1247/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): /PETITIONER ---------------------------------- ANIYAN S/O.MADHAVAN, ASARIPARAMBIL, CHINGAVANAM, KOTTAYAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): RESPONDENTS -------------------------- 1. VARGHESE NINAN, PADINJARETHIL PUTHEN VEEDU, PADIMON P.O., KOTTANGAL, MALLAPPALLY. 2. K.V.DANIEL @ SAJAN, KAPPAYIL, PADIMON P.O., KOTTANGAL, MALLAPPALLY. 3. UNITED INDIA INSURANCE CO.LTD., PONKUNNAM, KOTTAYAM. ADV.SRI. GEORGE CHERIAN -R3 SRI.SIBY MATHEW FOR R3 SRI.PHILIP J.VETTICKATTU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SA ME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 838 OF 2004 --------------------------------------------------------- Dated this the 2nd day of December, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. We heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. 2. On going through the award, we find that the Tribunal has fixed monthly income of the appellant, who was employed in a workshop, at Rs.1,500/-. Similarly, percentage of disability certified at 11% by the doctor was reduced to 7% by the Tribunal. Counsel for the appellant submitted that fixation of income is very low and reduction of percentage of disability is without any basis. Having regard to the contentions raised and in view of the compensation already awarded, we enhance the total compensation by Rs.15,000/- which will carry interest at the rate of 7.5% M.A.C.A. NO. 838/2004 2 per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO. 838/2004 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 838/2004 JUDGMENT 2nd December, 2008 M.A.C.A. NO. 838/2004 4