IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 MACA.No. 626 of 2005() ---------------------- OPMV.199/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- PAIKADAN ABDUSAMAD, AGED 26 YEARS, S/O.MOHAMMED BAPPU HAJI, PALKADAN HOUSE, THENNALA P.O., ARAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENT(S): RESPONDENT ------------------------- 1. P.V.BABU, S/O.VASU, PUTHUVATTEL HOUSE, KIZHUPILLIKARA, THRISSUR(DRIVER). 2. M.K.KUTTAN, S/O. KUNJUVELU, MARATHEZHATHU HOUSE, VADAKKUMURI, PERINGOTTUKARA P.O., THRISSUR. 3. THE NEW INDIA ASSURANCE CO LTD., DIVISIONAL OFFICE, MALAPPURAM. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON 26/08/2008 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.626 of 2005 .................................................................... Dated this the 26th day of August, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for the Insurance Company. The appeal is filed for enhancement of compensation under various heads awarded by the MACT. Even though appellant suffered fracture of both legs and got disability certified at 5%, MACT has awarded only Rs.12,750/- treating the appellant's annual income at Rs.15,000/-. Considering the fact that appellant sustained fracture of both legs and he was only 21 years of age at the time of accident, we feel the compensation awarded is inadequate. We, therefore, increase the total compensation from Rs.34,690/- to Rs.60,000/-. The Insurance Company is directed to deposit the additional compensation along with interest at 7.5% per annum from date of application till date of deposit. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms