IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 MACA.No. 671 of 2005() ---------------------- OPMV.917/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- BIJU, S/O.YOHANNAN, MEKKATTIL HOUSE, T.B.KUNNU, ANGADI KARA, KOTHAMANGALAM VILLAGE. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): RESPONDENTS. --------------------------- 1. ELDHOSE, S/O.MATHEW, EDAPPATTU HOUSE, ANGADI KARA, KOTHAMANGALAM. 2. THE ORIENTAL INSURANCE CO.LTD., P.BNO.50, CHURCH VIEW JUNCTION, KOTHAMANGALAM. ADV. SRI.A.J.VARGHESE FOR R1 SRI.MATHEWS JACOB (SR.) FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 671 OF 2005 -------------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. We have heard counsel appearing for the appellant and senior counsel appearing for the insurance company. Counsel for the appellant submitted that income of the appellant adopted for the purpose of compensation is much below the actual income he was getting. He even produced accounts of the employer before this Court to show that appellant was getting higher income. However, standing counsel for the insurance company submitted that appellant's injury has not resulted in any permanent disability in as much as appellant sustained injury on the elbow which got rectified in treatment. Counsel for the appellant highlighted the injuries sustained by the appellant to liver and other internal organs which led to his treatment in Intensive Care Unit in the Medical Trust 2 Hospital. Even though we find that fairly moderate award is passed granting compensation under various heads, considering the disability and the claim of higher income, we feel appellant is entitled to some enhancement. We therefore enhance the total compensation from Rs. 87200/- to Rs. 1,05,000/- with direction to the insurance company to deposit additional compensation with the same rate of interest granted by MACT from the date of application till date of payment. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3