IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 MACA.No. 429 of 2004() ---------------------- OPMV.1183/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): APPELLANT/APPLICANT: ---------------------------------- RAVI. B., RAMAPURATH VADAKKATHIL, ALUMPEEDIKA, PRAYAR SOUTH, KARUNAGAPALLY. BY ADV. SRI.S.ABDUL RAZZAK RESPONDENT(S): RESPONDENTS: --------------------------- 1. JAFFAR KUNJU, PALAVALLI THEKKATHIL, KLAPPANA, KARUNAGAPPALLY. 2. HASHIR, PALAVALLI THEKKATHIL, KLAPPANA, KARUNAGAPPALLY. 3. NEW INDIA ASSURANCE COMPANY, KAYAMKULAM. ADV. SRI.JOHN BRITTO FOR R1 TO R2 SRI.C.A.RAJEEV FOR R1 TO R2 SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 429 OF 2004 -------------------------------------------- Dated this the 13th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. The accident is admitted and insurer is ordered to pay compensation to the appellant. The question therefore to be considered in this appeal is only for enhancement. 2. We find force in the contention of counsel for the appellant that income fixed at Rs. 1500/- per month for granting compensation for disability is inadequate because appellant was stated to be a fish merchant, aged only 31 years at the time of the accident. Even though there is no proof of business and income earned, we feel a youngman of reasonable health will be able to earn at least Rs. 3000/- per month, whatever be the work he is engaged in. We therefore fix the income of 2 the appellant at Rs. 3,000/- per month which entitles him for additional compensation of Rs. 45,900/- towards disabilsity. Since we have increased the monthly income to rs. 3,000/- appellant will be entitled to further sum of Rs. 9,000/- towards loss of earning during the period of treatment. This also is granted to the appellant. Since injury was sustained in Tamil Nadu and appellant was transported to two hospitals in Tamil Nadu and Trivandrum, we feel appellant is entitled to another Rs. 6,000/- towards transportation charges. Appellant is entitled to additional compensation of Rs. 6,000/- under this head also. Additional compensation granted above will carry interest at the rate of 7.5 per cent per annum from the date of application till date of payment. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3