IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 MACA.No. 1176 of 2005() ----------------------- OPMV.993/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/APPLICANT: ---------------------------------------- GIREESHKUMAR, S/O. RAMACHANDRAN, PULINILKUNNAVILA PUTHEN VEEDU, POTTAYIL, VILAVOORKAL, MALAYINKEEZHU. BY ADV. SRI.D.KISHORE RESPONDENTS: RESPONDENTS: ---------------------------- 1. C.R. SURENDRAN, THOTTATHU VADAKKEKAVU VEEDU, VILAVOORKAL, MALAYINKEEZHU P.O. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD.,NEYYATTINKARA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No.1176 of 2005 ----------------------------------------- Dated this the 22nd day of September, 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a motor vehicle accident We find some force in the contention of the appellant that the income fixed for the appellant who was an authorickshaw driver at Rs. 2000/- per month is low and it requires enhancement. We feel that the appellant would be able to earn at Rs. 3,000/- per month as income by driving the auto rickshaw. We therefore re-fix the income at Rs. 3,000/- and consequently grant a further amount of Rs. 20,400/ for permanent disability and Rs.3,000/- for loss of employment for three months in addition to Rs. 6,000/- granted by the Tribunal. The insurance company is directed to deposit the additional amount of Rs. 23,400/- with interest at the rate of 7 ½ per annum from the date of application till the date of realisation. This Appeal is partly allowed to the above extent. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A No. 1176 of 2005 ---------------------------- JUDGMENT 22nd September, 2008