IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 MACA.No. 559 of 2006() ---------------------- (AGAINST THE AWARD DATED 27/10/2005 IN OPMV.1654/2002 of MACT, MANJERI) .................... APPELLANT/PETITIONER: -------------------------------------- ALAVI, S/O. MOHAMMED, POTTIPALA HOUSE, PALEMADU P.O., EDAKKARA, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: 3RD RESPONDENT: ---------------------------- THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, ARAFA BUILDING, COURT ROAD, MANJERI (RESPONDENT 1 AND 2 BEFORE THE TRIBUNAL ARE NOT MADE AS PARTIES IN THIS APPEAL SINCE NO RELIEFS ARE CLAIMED AGAINST THEM). BY ADV. SMT.P.A.REZIYA FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. No. 559 of 2006 --------------------------------- Dated, this the 4th day of September, 2008 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the appellant and learned standing counsel for the Insurance Company. 2. Even though disability certified is only 50%, MACT has recorded that the claimant was brought in a bed to the Tribunal. Major injury is to the vertebra and appellant's case is that he is not able to move around. Probably, disability is limited to 50% as appellant has not sustained injury on spinal cord and there is no paralysis. In any case, we feel, the income estimated for the purpose of determination of compensation is low. Therefore, we increase the annual monthly income to Rs.24,000/- as against Rs.15,000/- fixed by the MACT for fixing compensation. Consequently, for loss of earning for one year, the appellant will get Rs.24,000/- as against Rs.15,000/- granted by the MACT. Similarly, for permanent disability, appellant will be entitled to Rs.96,000/- as against Rs.60,000/- awarded by the MACT. The M.A.C.A. No.559/06 -2- Insurance Company is directed to deposit the additional compensation of Rs.45,000/- with interest @ 7.5% from the date of application till date of payment. The appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg