IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 MACA.No. 1710 of 2005() ----------------------- OPMV.368/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONER IN THE OP(MV): ------------------------------------------------------------------- GEEVA GEORGE, S/O.K.D.GEORGE, KADA HOUSE, THRIKKUR P.O., PONNUKKARA, THRISSUR, REPRESENTED BY POWER OF ATTORNEY K.D.GEORGE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN THE O.P.(MV): ------------------------------------------------------------------------------ 1. SUNIL VARGHESE, SHANTHOSH BHAVAN, THREE JUNCTION, EAST KALLADA, KOLLAM. 2. THE ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, MAHESWARI BUILDING, M.G.ROAD, TRISSUR REP. BY ITS DIVISIONAL MANAGER. R1 BY ADV.MR.VINOY VARGHESE KALLUMOOTTILL R2 BY MR.MATHEWS JACOB, SENIOR ADVOCATE, MR.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ M.A.C.A.NO:1710 OF 2005 ----------------------------------------------------------------------------------- Dated this the 23rd March, 2009. JUDGMENT RAMACHANDRAN NAIR, J. Appeal is filed for enhancement of compensation for injuries sustained by the appellant in a road accident. The MACT going by the scene of occurrence held that the accident is on account of rash driving by the other vehicle with which appellant's vehicle collided. In any case in the absence of any appeal by the Insurance Company we have to only consider enhancement of compensation. Even though counsel prayed for enhancement of compensation under various heads, we find justification to enhance the compensation only for temporary disability and for pain and suffering. Appellant was stated to be a businessman at the time of accident and is presently employed in Middle East. Since he was maintaining a car we feel income fixed at Rs.2,000/- per month is very low. We enhance the monthly income of the appellant to Rs.5,000/- which will entitle him for additional compensation of Rs.12,000/- for loss of earning for four months. Besides this we feel for pain and suffering appellant is entitled to further compensation of M.A.C.A.1710/2005 2 Rs.3,000/-. The additional compensation of Rs.15,000/- will carry interest at the rate of 7 ½% from the date of application till date of payment. Appeal is partly allowed. C.N. RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: