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 6TH OCTOBER 2008 / 14TH ASWINA 1930 MACA.No. 1122 of 2004() ----------------------- OPMV.1112/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- MARY ABRAHAM, W/O. ABRAHAM MATHEW, VETTIKATTIL HOUSE, KARIMKUNNAM P.O., THODUPUZHA. BY ADV. SRI.MATHEW SKARIA SRI.K.J.JOSEMON RESPONDENT(S): RESPONDENTS -------------------------- 1. U.I.JOHN, ULLANAKUNNEL HOUSE, KARIMANNOOR, THODUPUZHA. 2. FRANCIS THOMAS, THANNICKAL, MARTHOMA ELAMDESAM, THODUPUZHA. 3. NATIONAL INSURANCE CO.LTD., THODUPUZHA. ADV. SRI.UNNIKRISHNAN.V.ALAPATT FOR R1 & 2 SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1122 of 2004 .................................................................... Dated this the 6th day of October, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. We have heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. Even though appellant put up a case that she is a professional Nurse who gave up employment to take up business and was successfully doing her business in Cochin, she has not produced any proof towards her income. Even though appellant sustained major fracture to her right leg which led to hospitalisation for nearly two months involving surgery, grafting etc., for want of evidence of income, MACT awarded only Rs.20,000/- towards compensation for permanent disability. Besides this, Rs.20,000/- was granted for pain and suffering. Even though adequate compensation is granted for damage caused to the vehicle, we notice that out of the total compensation of Rs.1,86,240/- granted, almost Rs.1 lakh accounts for actual medical expenses incurred by the appellant. Even though detailed evidence is not there about the income of the appellant, it is clear that she was 2 maintaining a car for her business purpose and was said to be engaged in business. If a Nurse is to give up her job, certainly she must have been earning an income above that of an ordinary Nurse. Considering all these, we feel a consolidated addition to the total compensation will serve the purpose of the appellant. We accordingly grant an addition of Rs.50,000/- to the compensation already awarded by the MACT with direction to the Insurance Company to deposit the additional compensation amount with interest at 7.5% p.a. from date of application till date of deposit. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms