IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 MACA.No. 546 of 2006() ---------------------- (AGAINST THE AWARD DATED 31/08/2005 IN OPMV.42/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY) .................... APPELLANT/PETITIONER. -------------------------------------- P.M.UMMERKUTTY, S/O.MOOSAN, PUTHIYAPURAMORLATH HOUSE, P.O.IRIKKUR, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: RESPONDENT NO.3. ----------------------------- THE UNITED INDIA INSURANCE CO.LTD., THALASSERY. BY ADV. SRI.N.S.MOHAMMED USMAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. No. 546 of 2006 --------------------------------- Dated, this the 4th day of September, 2008 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the appellant and learned standing counsel for the Insurance Company. 2. The appeal is filed for enhancement of compensation for the injury sustained by the appellant. Learned counsel pointed out that the income fixed is low and multiplier is also incorrect because the appellant was 35 years of age and the applicable multiplier is 17. Besides this, the contention is that for loss of earning power no compensation is granted. Having regard to the contentions raised, we feel an increase is called for, more so because the injury would have led to disemployment for sometime. In the circumstances and having regard to the totality of the facts, we enhance the compensation from Rs. 78,750/- to Rs.1,00,000/-. The insurance company is directed to deposit the additional compensation with interest @ 7.5% from the date of application till date of payment. The appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg