IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 MACA.No. 43 of 2006() --------------------- OPMV.1016/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT-PETITIONER ---------------------------------- JOSEPH @ JOY, THEKKEPONNASSERI HOUSE, KIZHAKKECHENNAMKARA KARA, NEAR ST.ANTONY SCHOOL, KAVALAM. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): --------------- 1. M.R.SALIL @ SANAL, MOOSARIPARAMBIL, VALIYALUMCHUVADU BHAGAM, KUMARANALLOOR P.O. 2. K.K.VASU, KATTUMMEL HOUSE, THURUTHY P.O., CHANGANACHERRY. 3. THE UNITED INDIA INSURANCE CO.LTD., KOTTAYAM. ADV. SRI.N.NAGARESH FOR R1 SRI.M.S.PATTALI FOR R3 SRI.K.J.KURIACHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 43 OF 2006 -------------------------------------------- Dated this the 7th day of October, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant while he was travelling in an autorikshaw. Even though appellant claimed disability, it is seen that he was an inpatient in a hospital for one day and the balance treatment is as out- patient. In any case we find some force in his contention that income fixed at Rs. 1500/- is very low for grant of compensation for loss of earning power. Appellant being an experienced maison of 48 years of age would have earned at least Rs. 3000/- per month at the time of accident. We therefore enhance the compensation for loss of earning power from Rs. 21060/- to Rs. 42,120/-. On account of increase in income, the appellant will be entitled to further compensation of Rs. 4500/- for loss of earning for three months on account of the accident. The insurance company is directed to deposit additional compensation 2 with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3