IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 MACA.No. 581 of 2005() ---------------------- AGAINST THE ORDER DATED 26/10/2004 IN & 1942/2000 IN OPMV.1927/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- MURUGAN S/O. VENKITACHALAM, VELLATTUPARAMBIL HOUSE, POOCHUNNIPADAM, P.O.OORAKAM, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. A.RAJA S/O. ANANDAN CHETTIAR, WARD 5, LEGCAR STREET, NILAKKOTTAL T.N. 2. N.KUPPUSWAMY, S/O. NANJEPPA, 49-C, SRINAGAR, SOKKAM, PADUR ROAD, THALUGAPALAYAM, COIMBATORE. 3. UNITED INDIA INSURANCE CO.LTD., (DIVIAIONAL OFFICE), B.O.B.BUILDING, BANY ROAD, COIMBATORE. ADV. SRI.M.S.PATTALI FOR R3 SRI.K.J.KURIACHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.581 of 2005 .................................................................... Dated this the 1st day of September, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. The appeal is filed for enhancement of compensation awarded for the injury sustained by the appellant who was engaged as a jewellery worker. The appellant was only 24 years of age when the accident occurred. It is seen from the disability certificate and the treatment records that the appellant sustained major injuries leading to brain damage. Disability certified is not only physical, but mental. In any case since MACT reckoned 30% disability for award of compensation, we do not think any variation is called for in this regard. However, income fixed for calculating compensation for continuing permanent disability for future requires modification. We, therefore, refix the appellant's income at Rs.3,000/- per month and award compensation for permanent disability at Rs.1,83,600/- as against Rs.1,22,400/- granted by MACT. The Insurance 2 Company is directed to deposit the additional compensation 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 V.K.MOHANAN Judge pms