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 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MFA.No. 1054 of 2001(B) ----------------------- OPMV.442/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): -------------- JOSHY, SON OF MATHAI, AGED 37, RESIDING AT ARACKAL VEEDU, MEKKADAMPU KARA, VALAKOM VILLAGE, MUVATTUPUZHA. BY ADV. SRI.K.JAJU BABU SRI.M.V.BIPIN RESPONDENT(S): --------------- 1. BABY, M.T., SON OF THOMAS, PULLANTHOOR MURIYELIL HOUSE, MEKKADAMPU, VALAKOM, MUVATTUPUZHA. 2. JOLLY, SON OF PAILY, ARACKAL HOUSE, MEKKADAMPU, VALAKOM, MUVATTUPUZHA. 3. ORIENTAL INSURANCE CO.LTD., T.H. TOWERS, MUVATTUPUZHA. ADV. SRI.ANCHAL C.VIJAYAN FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.F.A. No. 1054 OF 2001 -------------------------------------------- Dated this the 30th day of September, 2008 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 appearing for the appellant, and the standing counsel appearing for the insurance company and have gone through the award. 2. The main grievance of the appellant is that inspite of 4% disability certified by the doctor appellant was not granted any compensation under this head. The further case of the appellant is that his income was Rs. 3,000/- per month and therefore estimation of income at Rs. 1500/- for the grant of compensation is not correct. However, petitioner did not produce any salary certificate or certificate from the employer pertaining to his income. Besides this, educational qualification for employment in a factory is not on record. However, having regard to the fact that appellant was in the hospital for 20 days 2 and sustained fracture in his leg at the age of 32, we enhance the total compensation from Rs. 28,000/- to Rs. 50,000/- . The insurance company is directed to deposit additional compensation with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3