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. 687 of 2005() ---------------------- OPMV.1114/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- THINKAL CHOODAN NAIR, RAVI SADANAM, ANAPRAMBAL, THALAVADY P.O. ALAPPUZHA DISTRICT. BY ADV. SRI.C.P.SAJI SRI.K.R.SUKUMARA PILLAI RESPONDENT(S): RESPONDENT. -------------------------- 1. THE PRESIDENT, ATMA VIDYA EDUCATIONAL FOUNDATION, NAGIARETHU, MALAKKARA, VIA, EDYARANMULA. 2. AJITH KUMAR.C. S/O.CHANDRANGATHAN P.K. PUTHUPPARAMBIL, EDAYARANMULA. 3. THE ORIENTAL INSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE, P.B.NO.11, BANK ROAD, KAYAMKULAM. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 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. 687 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. Policy is admitted and the insurer was found liable to pay compensation to the appellant, who at the time of the accident was driving the bike. Counsel for the appellant pointed out that income fixed and the percentage of disability adopted are low because appellant was employed abroad and disability certified was 20% as against 12% adopted by the MACT. Standing counsel for the insurance company pointed out that appellant's income abroad is only temporary as he was not a permanent employee and so much so only reasonable income has to be estimated. We find force in this contention because the accident occurred in 1993 and the monthly income fixed by the Tribunal was Rs. 3500/- which cannot be said to be too low. However, we feel reduction in percentage of disability is 2 not correct because injuries sustained are fairly serious. Considering the contentions raised by the appellant we enhance the compensation for disability from Rs. 80640/- to Rs. 1 lakh with direction to the insurance company to deposit the additional compensation with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3