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 FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 MACA.No. 1338 of 2004() ----------------------- OPMV.299/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- K.P.SAJAN, S/O. RAJAN, ADIYERI PARAMBA, THILLERI, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENT NO.3 IN THE O.P: ------------------------------------------ NATIONAL INSURANCE CO. LTD., AMBATTUR BRANCH, VIJAYA PLAZA, C-32, ANNA NAGAR. ADV. SRI.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1338 of 2004 .................................................................... Dated this the 30th day of January, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. We have heard counsel for the appellant and Standing Counsel for the Insurance Company. 2. We find force in the contention of the appellant that the income adopted at Rs.1,500/- per month is low because appellant claims to be the manager of a furniture company. Even though counsel for the Insurance Company submitted that there is no proof of income earned by the appellant, we feel reasonable income has to be estimated. Considering the age of the appellant and the work in which he was engaged, we refix his monthly income at Rs.2,500/-. This will entitle the appellant for compensation for loss of earning for four months at Rs.10,000/- as against Rs.6,000/- granted by MACT. Similarly, for permanent disability appellant will be entitled to Rs.32,500/- as against Rs.19,500/- granted by the MACT. The additional compensation of 2 Rs.17,000/- granted by us will carry interest at 7.5% p.a. from date of application till date of payment. No other modification is called for in the award. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms