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 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 MACA.No. 1593 of 2006() ----------------------- OPMV.582/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT/PETITIONER IN THE OP(MV) ------------------------------------------------ PRABHAKARAN, S/O. LATE SANKUNNI GUPTHAN, CHINGANEZHI HOUSE, VALAMBILIMANGALAM, OTTAPALAM TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): RESPONDENT NO.3 IN OP(MV) ---------------------------------------- THE ORIENTAL INSURANCE COMPANY LTD., MANJERI. ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1593 of 2006 .................................................................... Dated this the 19th day of November, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for the Insurance Company. Even though compensation is granted under all the heads claimed, appellant's case is that enhancement is called for. We find force in the contention of the appellant that there is no justification for reducing one third of the monthly income estimated towards personal expenses while determining compensation for disability. Consequently the appellant will be entitled to disability compensation for the 25% disability approved by MACT by taking into account the monthly income at Rs.2,500/- as against Rs.1,800/- taken by the MACT. This will lead to an addition under this head by Rs.16,800/-. Since interest granted by MACT is only at 6%, we enhance it to 7.5% p.a. from date of application till date of payment 2 which should be paid for the entire compensation amount. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms