IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 MACA.No. 545 of 2005() ---------------------- OPMV.101/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- M.SANTHAKUMARI, W/O. PRABHAKARAN, AGED 46/2000, KANDAMTHODIYIL HOUSE, P.O.NILAMBUR. BY ADV. SRI.P.S.SREEDHARAN PILLAI SRI.K.B.SAJEESH SRI.P.GOPINATH SRI.C.S.SUNIL SRI.P.R.SREEJITH RESPONDENT(S): RESPONDENTS 1 TO 3: ---------------------------------- 1. SURENDRAN M., S/O. CHARU, MANGALASSERY HOUSE, MUTHERI, NILAMBUR (DRIVER). 2. P.K.ABRAHAM, S/O. P.K.KOSHY, PADANILATHU HOUSE, P.O. CHITTUR (OWNER). 3. ORIENTAL INSURANCE COMPANY LTD., PAZHAVANGADI P.O., RANNI-689 673. R3 BY ADV. SRI.MATHEWS P. JACOB, SC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ALONG WITH M.A.C.A. NO.550/2005 ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. Nos.545 & 550 of 2005 .................................................................... Dated this the 29th day of September, 2008. JUDGMENT Ramachandran Nair, J. Appeals are filed for enhancement of compensation. Since there is no appearance for the Insurance Company, we requested one of the counsel Sri.Mathews Jacob to appear for Oriental Insurance Company against which award is passed. Accordingly, Senior counsel was heard in the matter. 2. Counsel for the appellants submitted that income fixed for the purpose of compensation for disability is very low. Similarly counsel pointed out that no compensation is granted for loss of earning on account of hospitalisation and on account of disability. Senior counsel appearing for the Insurance Company submitted that since there was no proof of income, income was rightly taken as Rs.15,000/- per annum for the purpose of grant of compensation for disability. According to him, medical bills were allowed in terms of the claim and no enhancement is called for. The appellants are ladies aged 46 and 45 respectively and are stated to be daily wage earners. Going by the levels of wages prevalent at the time of accident, we feel appellants are entitled to increase in wages for the grant of 2 compensation. Accordingly, we fix the appellants' income at Rs.2,500/- per month for granting compensation. Consequently, the appellant in M.A.C.A. 545/2005 (O.P.(M.V.) No.101/2000) will be entitled to compensation for disability at Rs.23,400/- as against Rs.11,700/- granted by the MACT. Similarly she will be entitled to loss of earning for three months which will come to Rs.7,500/-. Besides this, considering the period of hospitalisation, we grant additional compensation of Rs.2,500/- for pain and suffering. 3. So far as the appellant in M.A.C.A. 550/2005 is concerned, going by the income fixed, she will be entitled to a compensation of Rs.27,000/- towards disability as against Rs.13,500/- granted by the MACT. Similarly, she will be entitled to Rs.7,500/- towards loss of earning for three months. Considering the period of hospitalisation, we grant additional compensation of Rs.2,500/- towards pain and suffering for this appellant also. We direct the Oriental Insurance Company to deposit the additional 3 compensation with interest at 7.5% p.a.. from date of application till date of payment. The appeals stand allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms