IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 MACA.No. 508 of 2003() ---------------------- OPMV.611/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): -------------- SUNDARAN, S/O.KANDUNNI AMBATTUPARAMBIL HOUSE, ERAYAMKUDI P.O. MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONENTS IN OP(MV) ----------------------------------- 1. C.J.POULOSE, CHATHAMKANDATHIL HOUSE, PUTHUPPADY PO , KOTHAMANGALAM. 2. NISSAR, S/O.ABDUL KHADER, PELAKKODE PUTHENPURAYIL, KAVUMKARA DESOM, MUVATTUPUZHA VILLAGE. 3. ORIENTAL INSURANCE COMPANY, MUVATTUPUZHA. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 508 OF 2003 -------------------------------------------- Dated this the 23rd day of May, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. Appellant was hit down by a tempo van when he was moving on the road along with a power tiller. It is seen from the award that the appellant has suffered injuries including dislocation of several section of vertibra and is said to have permanent disability of 20% as certified by one doctor and 8% certified by another doctor. However, MACT adopted 5% and fixed compensation for disability by applying monthly income of Rs. 1500/-. Counsel for the appellant contended that appellant is a farmer who owns a power tiller and therefore his income fixed is too low. We notice that total compensation awarded under various heads including compensation for disability is only Rs. 50,000/-. In the absence of detailed evidence about source of income, it would be difficult to fix 2 the income of the appellant. Moreover farmer's income is varying on a year to year basis. In any case we find there is justification for demanding higher compensation because appellant suffered injuries when he was 32 years of age and is partially disabled and his disability will affect his earning capacity. In the circumstances, we enhance the total compensation from Rs. 50,000/- to Rs. 75,000/- and the insurance company is directed to deposit additional compensation of Rs. 25,000/- granted by us with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal is allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 3