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. 105 of 2003() ---------------------- OPMV.217/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT: --------------------------- T. LEELAMMA, AGED 44 YEARS, W/O. THOMAS, THAYYIL HOUSE, EDAKKARA AMSOM. BY ADV. SRI.K.P.MUJEEB RESPONDENTS: ------------- 1. KAKKARI SIVADASAN, S/O. VASU, KARALAM AMSOM (DRIVER). 2. K.S. CHANDRAN, S/O. SREEDHARAN KADOOKADAN HOUSE, KARALAM AMSOM (OWNER). 3. UNITED INDIA INSURANCE CO.LTD., IRINJALAKKUDA. 4. VADAKKEPARAMBAN MANSOOR BABU S/O. ABDULLAH, P.O. MODAPOIKA (DRIVER). 5. THE SECRETARY, MALAPPURAM DISTRICT CO-OP. MOTOR VEHICLES LTD., MALAPPURAM. 6. NEW INDIA ASSURANCE 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. 105 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. We have heard the counsel for the parties and have gone through the award. The appellant's case is that as a tailor she can earn more than Rs. 1,800/- per month which is the income fixed by the Tribunal for granting compensation for disability of 6% on account of a fracture of both bones of the right leg of her. Before the Tribunal, no evidence was adduced and even the appellant was not examined to prove her employment/ profession and the income earned. We therefore do not find any ground to interfere with the award passed by the Tribunal. This appeal is consequently dismissed. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. -2- C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A. 105 of 2003 ---------------------------- JUDGMENT 18th September, 2008