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 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 1039 of 2004() ----------------------- (AGAINST ORDER DATED 13/08/2003 IN OPMV.1080/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM) .................... APPELLANT/PETITIONER: -------------------------------------- AUGUSTHY @ TOMY T.J., S/O. JOSEPH, THARAPPIL HOUSE, PALKKATTU KARA, KURICHITHANAM, MARANGATTUPALLY. BY ADV. SRI.V.K.SUNIL RESPONDENTS: RESPONDENTS: ------------------------- 1. T.V.KURIAKOSE, JOSE VILLA, NELLIKKAMANNIL, KOCHU ROAD, MAMMOOD P.O., CHANGANACHERRY. 2. THE NEW INDIA ASSURANCE CO. LTD., CHANGANACHERRY. 3. SIBICHEN VARGHESE, S/O. CHACKO, NADAPPURATHU HOUSE, MAMMOOD P.O., CHANGANACHERRY. BY ADV. SRI.A.C.DEVY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON 11/08/2008 PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. No.1039 of 2004 --------------------------------- Dated, this the 11th day of August, 2008 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the appellant and learned standing counsel appearing for the Insurance Company. 2. Appellant's claim is for enhancement of compensation mainly on the ground that his wages fixed at Rs.1,750/- per month is too low. However, petitioner did not produce any evidence for the same. In any case, having regard to the claim that the appellant was a rubber tapper, which is not disputed, we feel he would have been disemployed for atleast three months. We, therefore, grant compensation for one more month, i.e. Rs.1,750/-. Besides this, petitioner is granted Rs.750/- towards expenses for treatment, transportation, etc. The additional compensation of Rs.2,500/- granted above will be deposited by the Insurance Company with interest at 7.5% from the date of application till date of payment. The appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg