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 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 MACA.No. 1014 of 2005() ----------------------- OPMV.92/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S)/PETITIONER: ----------------------- SUNIL JOHN, S/O.JOHNY, MUTTATH HOUSE, KALLETTUMKARA P.O., MUKUNDAPURAM TALUK. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S)/RESPONDENTS: --------------- 1. AKHILESAN, S/O.NEELAKANTAN, LAKSHMI NIVAS, KOTTAMURI, VIA. MALA. 2. RAGHUNATHAN, S/O.MUKUNDAN, MULLASSERY HOUSE, POTTA P.O. 3. THE ORIENTAL INSURANCE COMPANY, CHALAKUDY. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1014 OF 2005 --------------------------------------------------------- Dated this the 4th day of November, 2008 JUDGMENT Ramachandran Nair, J. Heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. Appeal is filed for enhancement of compensation under various heads for the injury sustained by the appellant in a bike accident. 2. Counsel for the appellant referred to the wound certificate and medical records and submitted that the injuries sustained by the appellant have rendered him physically unfit to do any work. However, Standing Counsel for the Insurance Company submitted that even without any proof of qualification, income was fixed at Rs.2,500/- per month based on which compensation was awarded for temporary disability and permanent disability for the whole body estimated at 30%. 3. We do not find any ground to interfere with the compensation awarded for loss of earning power. Considering the nature of injuries sustained, we find the appellant is entitled to enhancement of M.A.C.A. NO. 1014/2005 2 compensation for loss of enjoyment in life. Accordingly, we enhance the compensation for loss of enjoyment in life by Rs.10,000/- which will carry interest at the rate of 7.5 % 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. 1014/2005 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 1014/2005 JUDGMENT 4th November, 2008 M.A.C.A. NO. 1014/2005 4