IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 MACA.No. 966 of 2004() ---------------------- OPMV.684/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- AMMINI W/O. CHANDRABALAN, ALLAPARAMBIL HOUSE, VACHAKKAL, EDAVANAKKAD P.O., KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.MATHEWS V.JACOB (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR) RESPONDENT(S): RESPONDENTS -------------------------- 1. SABAREENDRAN K.K., S/O. KRISHNAN, EMBRANTHIRI, KRISHNAN NIVAS, KARAKKAT STREET, EAST OF KANNANKULANGARA TEMPLE, N.PARAVUR. 2. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MAIN ROAD, N.PARAVUR. ADV. SRI.A.R.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON 12/01/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.966 of 2004 .................................................................... Dated this the 12th day of January, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury suffered by the appellant in a road accident. Standing Counsel appearing for the Insurance Company vehemently opposed claim for enhancement because original claim was only Rs.3 lakhs and MACT awarded Rs.2,88,100/-. However, counsel appearing for the appellant submitted that claim was enhanced to Rs.4 lakhs in the course of trial before the MACT. The appellant is stated to be confined to the bed on account of injury and consequent disability. However, it is seen that she was initially treated by the Orthopedic Doctor for the fracture sustained and later only complications arose. It is not even known whether the appellant's present condition is completely attributable to the accident or on account of advanced age. In any case since she was a tailor, probably she would have been able to earn for a few more years. Considering all these, we feel she is entitled to the original 2 claim of Rs.3 lakhs as against Rs.2,88,100/- awarded by the MACT. We, therefore, grant an additional compensation of Rs.11,900/- towards loss of earning. The additional compensation granted by us will carry 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 C.K.ABDUL REHIM Judge pms