IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 1040 of 2004() ----------------------- (AGAISNT THE AWARD DATED 29/09/2003 IN OPMV.358/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR) .................... APPELLANT/PETITIONER ------------------------------------- ISMAIL, S/O.IBRAHIM, MELEKUDY HOUSE, AMBUNADU, EDATHALA P.O. BY ADV. SRI.T.K.KOSHY RESPONDENTS: RESPONDENTS 1 TO 3 ------------------------------- 1. VIJEESH, S/O.RAMAKRISHNAN, THUNDATHIL HOUSE, CHERAI, NORTH PARAVOOR. 2. P.S.PURUSHAN, S/O.SANKARAN, PARIKKASSERY HOUSE, CHERAI, NORTH PARAVOOR. 3. ORIENTAL INSURANCE CO.LTD., BANK JUNCTION, ALUVA. BY ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON 11/08/2008 PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. No.1040 of 2004 --------------------------------- Dated, this the 11th day of August, 2008 J U D G M E N T Ramachandran Nair, J. The appeal is filed for enhancement of compensation for the injury sustained by the appellant in an accident. 2. We have heard learned counsel for the appellant and learned standing counsel for the Insurance Company. 3. We find force in the contention of the appellant that the compensation awarded for the disability and loss of earning power at Rs.15,300/- is too low. Even though we are unable to uphold the percentage of disability in terms of the claim, considering the probable increase in wages, we feel the income fixed for computation of loss of earning power is low. We, therefore, increase the compensation granted on account of disability from Rs.15,300/- to Rs.35,300/-. Similarly, for loss of earning during treatment, we increase compensation by another Rs.3,000/-, and for transportation and for other expenses incurred for hospitalisation such as by-stander expenses etc. we increase the compensation by another Rs.2,000/-. The total additional M.A.C.A.No.1040/2004 -2- compensation of Rs.25,000/- granted by us as above with interest at 7.5% applicable from date of application till date of payment will be deposited by the Insurance Company without any delay. The M.A.C.A. is allowed to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg