IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MACA.No. 640 of 2005() ---------------------- OPMV.1079/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: ----------------------------------- ANANGATT KRISHNAN @ KUTTAN, S/O. AYYAPPAN, AGED 44 YEARS, NEERANCHAL HOUSE, KOLATHUMALA, P.O. ANJARAKKANDY. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT/RESPONDENT NO.3: --------------- NATIONAL INSURANCE CO.LTD., KANNUR. ADV. SMT.SARAH SALVY FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 640 OF 2005 --------------------------------------------------------- Dated this the 13th day of October, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a motor accident. The Motor Accidents Claims Tribunal, Thalassery fixed liability on the driver and owner of the vehicle involved in the accident and in turn directed the Insurance Company to pay compensation. 2. While the claim of the appellant is that the compensation granted for permanent disability is very low, counsel appearing for the Insurance Company submitted that there is no evidence about the income of the appellant and that the injury sustained was only on the lower limb. However, we feel that enhancement is called for in respect of the compensation awarded for disability because the appellant sustained major injury on the hip and leg. Appellant was admittedly a headload M.A.C.A. NO.640/2005 2 worker and he has to depend on his physical abilities. In view of the percentage of disability and the age of the appellant and also considering the fact that the income fixed by the Tribunal is too low, we enhance the total compensation from Rs.31,000/- to Rs.75,000/-. We direct the Insurance Company to deposit the additional compensation with interest at the rate of 7 1/2 % per annum from the date of application till date of payment. The appeal is allowed to the above extent. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO.640/2005 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 640/2005 JUDGMENT 13th October, 2008 M.A.C.A. NO.640/2005 4