IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MACA.No. 1894 of 2005() ----------------------- OPMV.1620/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- MANIKANDAN @ KIRAN, RESIDING AT NADAVALAYATH HOUSE, FORT COCHIN, ERNAKULAM. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS SMT.M.R.VALSA RESPONDENT(S): RESPONDENTS: --------------------------- 1. EASWARA MOORTHY, S/O.NOCHIMUTHU GOUNDER, RESIDING AT 212 P.N.ROAD, THIRUPUR, TAMIL NADU. 2. DHOULATH, S/O. RAZACK, RESIDING AT SOORIYAPURAM EAST, DOOR NO.15, THIRUPUR TALUK, COIKBATORE, TAMIL NADU. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, A.A. COMPLEX, 1ST FLOOR, 60 KUNARAN ROAD, THIRUPUR, TAMIL NADU. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1894 OF 2005 -------------------------------------------- Dated this the 30th day of September, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the insurance company. 2. The main ground raised in the appeal is against fixation of income of the appellant at Rs. 2,000/- per month for grant of compensation for loss of earning and also for permanent disabilsity. We find force in this contention because even though there is no evidence, appellant would be able to earn at least Rs. 3000/- per month because he was quite young and was stated to be employed in a factory. Since we refix the income at Rs. 3,000/- per month appellant will be entitled to a further sum of Rs. 6,000/- for loss of earning for six months. Similarly for disability, appellant will be entitled to additional compensation of Rs. 40800/- . No other modification is required in the award. The Insurance company is directed to deposit additional 2 compensation with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3