IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 MACA.No. 1188 of 2006(G) ------------------------ OPMV.1576/1994 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- T.K.UMMER, S/O.SAIDALAVI, AGED 35 YEARS, SUHARA MANZIL, PEEDIKAKKAL PARAMBIL, PUTHIYANGADI P.O., KOZHIKODE DISTRICT. BY ADV. DR.K.B.MUHAMED KUTTY, SENIOR ADVOCATE SRI.K.M.FIROZ RESPONDENT(S): --------------- 1. P.R.PALPU, S/O.RAMAN, C/O.HARIKRISHNA TRANSPORT, POOVATHUR P.O., TRICHUR DISTRICT, (OWNER OF BUS KL 8/487). 2. P.K.ANTO, S/O.KURIYAPPAN, AGED 55 YEARS, PALLIYEKKARA HOUSE, NANMANIKKARA VILLAGE, NEAR PULAKATTUKARA, CHRISTIAN CHURCH, CHITTISSERI P.O., TRICHUR DISTRICT, D.L.NO.1675/74 BADGE NO. 309/76 (DRIVER OF BUS KL 8/487). 3. THE NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, TRICHUR, POLICY NO.570704/31/93/ 6300705, VALID FROM 20.6.1003 TO 19.6.1994 (INSURER OF BUS KL 8/487). ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1188 of 2006 .................................................................... Dated this the 27th day of January, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. Even though injury is only on the right leg, it is rather serious in nature and the Medical Board has certified permanent disability at 25%. Appellant's educational qualification was only SSLC and he claims to be a salesman in a shop. Even though he claimed income of Rs.2,000/- per month, MACT reduced it to Rs.1,750/-. We do not find any scope for reducing the income claimed by the appellant because he has not made any exorbitant or fanciful claims. Accepting his income at Rs.2,000/- per month, appellant will be entitled to compensation for disability at Rs.1,02,000/- as against Rs.89,250/- granted by the MACT. Considering the long treatment, pain and suffering and the loss of enjoyment in life, we enhance compensation under these heads by a further sum of Rs.10,000/-. The additional compensation of 2 Rs.22,750/- granted by us will carry interest at 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms