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 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MACA.No. 2076 of 2006() ----------------------- OPMV.678/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ---------------------------------------- POULOSE, S/O. POULO, KOLATTUKUZHY HOUSE, MANJAPRA, AYYAMPUZHA, NOW RESIDING AT PALLISSERY HOUSE, ELINJIPRA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT/RESPONDENTS IN OP(MV): ---------------------------------------------- 1. ELIAMMA THOMAS, W/O. THOMAS, PARAKKATHIL HOUSE, PULIYANAM P.O. 2. DAVIS, S/O. CHAKKAPPAN, VADAKKUMCHERY HOUSE, KOLLAMCODE KARA, AYYAMPUZHA. 3. MANAGER, ORIENTAL INSURANCE CO. LTD., ANGAMALY. 4. K.P.WILSON, KARINGAN HOUSE, MANJAPRA P.O., KALADY. R3 BY ADV. SRI.VPK.PANICKER, SC. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 2076 OF 2006 -------------------------------------------- Dated this the 27th day of November, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel for the insurance company. On going through the award, and after hearing parties, we feel some enhancement is called for in the income of the appellant who was admittedly daily wage earner. It is seen that compensation is awarded under almost all heads of claim. However, we refix the monthly income of the appellant at Rs. 2,250/- which will entitle him for additional compensation of Rs. 10530/- for permanent disability. Similarly on account of increase of wages, for loss of earning appellant will get a further sum of Rs. 3,000/-. Additional compensation of Rs. 13,530/- will carry 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 2