IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 MACA.No. 1812 of 2006() ----------------------- OPMV.635/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): APPELLANT/PETITIONER ----------------------------------- GEORGE P.V., S/O. VARKEY, PANACHIKA PATHIYIL HOUSE, MONIPALLY P.O., MONIPALLY VILLAGE & KARA. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): RESPONDENTS --------------------------- 1. JOSEPH THOMAS (DRIVER), S/O. THOMAS, NELLIYANIYIL HOUSE, NEAR ST.THOMAS PRESS, VELLAPPAD KARA, LALAM VILLAGE, PALA. 2. STEPHEN M.A. (OWNER), MANGALATH HOUSE, MONIPALLY P.O., KOTTAYAM DISTRICT. 3. THE NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANAGER, THRIPUNITHURA BRANCH, DAMODAR CHAMBERS, STATUE JUNCTION, THRIPUNITHURA. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON 09/01/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.N.RAVINDRAN, JJ. .................................................................... M.A.C.A. No.1812 of 2006 .................................................................... Dated this the 9th day of January, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. The appellant was admittedly a conductor in a private bus. Even though he produced salary certificate, the MACT rejected the same and estimated income at Rs.2,500/- per month for granting compensation for disability. Since the accident occurred in 2003, we feel atleast a daily wage of Rs.200/- can be fixed and if appellant was employed atleast for 20 days in a month, the monthly income would have been Rs.4,000/-. Going by this and by applying the same percentage of disability and the multiplier applicable, the compensation for disability will stand increased by Rs.35,640/- (4000x12x11x18/100--59400). Further, for temporary loss of earning for four months, the appellant will be entitled to additional compensation of Rs.6,000/-. No other modification is called for in the award. The additional compensation granted by us will carry interest 2 at 7.5% p.a. from date of application till date of payment. C.N.RAMACHANDRAN NAIR Judge P.N.RAVINDRAN Judge pms