IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 MACA.No. 106 of 2003() ---------------------- OPMV.216/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- THOMAS, S/O. T.K. JOHN, AGED 52 YEARS, THAYYIL HOUSE, EDAKKARA AMSOM. BY ADV. SRI.K.P.MUJEEB RESPONDENTS: RESPONDENT: ---------------------------- 1. KAKKARI SIVADASAN, S/O. VASU, KARALAM AMSOM (DRIVER). 2. K.S. CHANDSRAN, S/O. SREEDHARAN KADOOKADAN HOUSE, KARALAM AMSOM (OWNER) 3. UNITED INDIA INSURANCE CO. LTD., IRINJALAKKUDA. 4. VADAKKEPARAMBAN MANZOOR BABU, S/O. ABDULLA, P.O. MOIDAPOIKA (DRIVER). 5. THE SECRETARY, MALAPPURAM DISTRICT CO-OPERATIVE MOTOR VEHICLES LTD., MALAPPURAM (OWNER). 6. NEW INDIA ASSURANE CO.LTD., MANJERI. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No. 106 of 2003 ----------------------------------------- Dated this the 18th day of September, 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation for the injuries sustained by the appellant in the accident. The counsel for the appellant submits that the monthly income fixed is very low for the purpose of granting compensation for disability. Even though the appellant claimed an exorbitant income at Rs. 75,000/- per month before the Tribunal, no evidence was adduced to the effect that the appellant was getting basic pay of 672.250 Kuwait Dinars per month. No evidence was adduced about the appellant's educational qualifications. We find that the claim about the monthly income and the evidence produced so far, did not tally. In any case we notice that the appellant was in the hospital for about three weeks and he would not have been able to work for three months. There is nothing to indicate that the injury has in fact reduced his earning capacity even though 1% disability was certified by the Doctor. Considering all these points, we enhance the total compensation by a sum of Rs. 20,000/-. The Insurance Company is directed to deposit the said additional compensation with interest at the rate of 7 ½ per annum from the date of application till the date of payment. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. -2- C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A. 106 of 2003 ---------------------------- JUDGMENT 18th September , 2008