IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 MACA.No. 227 of 2006() ---------------------- OPMV.1366/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): PETITIONER/APPELLANT ---------------------------------- BOBY JOHN,S/O. JOHN, THURUTHUMMEL HOUSE, THAMARACHALPURAM, KIZHAKKAMBALAM P.O. BY ADV. SRI.T.K.KOSHY RESPONDENT(S): RESPONDENTS -------------------------- 1. M.T.JOSEPH,S/O.THOMAS, MALIAKKAL HOUSE,NEAR G.T.N., ERUMATHALA P.O.,ALUVA. 2. NATIONAL INSURANCE CO.LTD., PUMP JUNCTION,ALUVA. ADV. SRI.RAJAN P.KALIYATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 227 OF 2006 -------------------------------------------- Dated this the 18th day of September, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the insurance company. Appeal is filed for enhancement of compensation for the injuries sustained to the right arm of the appellant. Counsel produced copy of the disability certificate and the photograph showing the nature of damage caused to the appellant's hand. He also contended that income fixed for the appellant, who was a mechanic at the time of accident for award of compensation is too low. We find force in this contention on two aspects. In the first place, income fixed at Rs. 1500/- per month is too low and we refix the income at Rs. 3000/- for the purpose of award of compensation for loss of earning. Similarly going by the age of the appellant, the multiplier should be 17 as against 16 applied by the MACT. Compensation on account of disability is increased from Rs. 72,000/- to Rs. 1,53,000/-. 2 Since monthly income is increased to Rs. 3000/- loss of earning for four months granted by the MACT, which we increase to six months, will be more by Rs. 12,000/-. Appellant is granted additional compensation of Rs. 12,000/- under this head also. There is also force in the contention that there is loss in prospects of marriage and enjoyment in life for which compensation awarded is increased by another Rs. 15,000/-. The insurance company is directed to deposit additional compensation with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3