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 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 MACA.No. 1643 of 2004() ----------------------- OPMV.1597/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT: --------------------------- STEPHEN S/O.JOHN, CHAZHOOR MULLASSERY, CHAVAKKAD TALUK, THRISSUR 680 509. BY ADV. SRI.JOHN MATHEW SRI.T.RAJASEKHARAN NAIR SRI.JOHNSON.M.S. RESPONDENTS: ------------- 1. PHILOMINA JOSEPH, TECHNICAL FIELD OFFICER, CANARA BANK, JUPITER BUILDINGS, THRISSUR 680 001. 2. E.K.ANTO, S/O.KURAPPAN, ERINCHERY HOUSE, JAYAPRAKASH LANE, PUNKUNNAM P.O. THRISSUR 2. 3. THE NEW INDIA ASSURANCE CO.LTD., PERINCHERY BUILDING, ROUND NORTH, THRISSUR. BY ADV. SRI.LAL GEORGE FOR R3 SMT.K.V.RESHMI FOR R1 SRI.P.GOPAKUMARAN NAIR FOR R2 SRI.C.S.DIAS FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1643 of 2004 .................................................................... Dated this the 15th day of September, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. The appeal is filed for enhancement of compensation for the injury sustained by the appellant in a motor vehicle accident. We find from the award that claims are almost allowed in terms of the prayer except for the fact that Tribunal reduced the monthly income claimed by the appellant from Rs.4,000/- to Rs.2,000/-. Counsel for the Insurance Company pointed out that towards proof of income appellant produced salary certificate issued by his wife who was the Proprietrix of the shop managed by the appellant. Even though the certificate may not be genuine or reflect actual income, we feel monthly income fixed at Rs.2,000/- is on the low side. The compensation awarded for loss of continuing permanent disability is Rs.72,000/-. Considering the fact that appellant along with his wife was carrying on business, enhancement of income for the purpose of compensation is called for. However, we feel a reasonable addition to the total compensation awarded will serve the ends of 2 justice. We accordingly enhance the total compensation to rupees five lakhs as against Rs.4.65 lakhs awarded by the MACT. The Insurance Company is directed to deposit the additional compensation with interest at 7.5% per annum from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms