IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 MACA.No. 1714 of 2006() ----------------------- OPMV.2474/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- T.S. RAMESH, S/O. SANKARAN, THAIVALAPPIL HOUSE, ELAMTHURUTHY, KUTTANELLUR P.O., THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): --------------- 1. VINCY VINCENT, W/O. VINCENT, PUDUKKADAN HOUSE, EAST COMBARA, IRINJALAKUDA, THRISSUR. 2. PAVITHRAN, S/O. KRISHNANKUTTY, KATTUR KARUVAN HOUSE, ILLIKKAD, KATTOOR P.O., IRINJALAKKUDA, THRISSUR. 3. NATIONAL INSURANCE CO.LTD., P.B.NO.70, MALIAKKAL BUILDING, MAIN ROAD, IRINJALAKUDA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1714 of 2006 .................................................................... Dated this the 13th day of November, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant. MACT found liability on the offending vehicle and it's insurer is ordered liable to pay compensation. Therefore, the question to be considered is only enhancement of compensation under various heads claimed by the appellant. We have heard counsel for the appellant. Even though notice was served on the respondents, there is no appearance. 2. As a result of accident, appellant suffered major head injuries including loss of vision for one eye. Even though percentage of disability certified by the Doctor at 50% is reduced by MACT to 40%, we do not think there is any need to enhance the percentage of disability. However, appellant being a professional taxi driver would have been able to earn atleast Rs.3,000/- per month and therefore, monthly income fixed at Rs.2,000/- is enhanced to Rs.3,000/- for the 2 purpose of granting compensation for disability. Applying the same multiplier and the percentage of disability, appellant will be entitled to additional compensation of Rs.86,400/-. Besides this, for loss of employment for six months, appellant will be entitled to additional compensation of Rs.6,000/-. In addition to the above increase, we grant Rs.25,000/- towards loss of enjoyment in life. The additional compensation granted by us will carry interest at the rate of 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms