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 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 1196 of 2004() ----------------------- OPMV.534/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- LOUIS, S/O. JOSEPH, MEKKATTUPARAMBIL HOUSE, THEKKUMMURI, P.O. KOMBATHUKADAVU, PUTHENCHIRA SOUTH, VIA. IRINJALAKUDA. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. RUKMANI PUSHPANGATHAN, UTTOLY HOUSE, P.O. PUDUKKAD. 2. VINCENT, S/O. LONAPPAN, KUPPAYIL, ERAVAKAD, NENMANIKKARA P.O., THRISSUR DISTRICT. 3. THE NATIONAL INSURANCE CO. LTD., BR. OFFICE, THRISSUR. ADV. SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1196 of 2004 .................................................................... Dated this the 6th day of October, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. Appellant who was employed in Kuwait, met with an accident while on leave in India on 6.12.1995. He suffered injuries in his abdomen and got three ribs broken. However, he underwent treatment in the Medical Trust Hospital, recovered from the injuries and rejoined duty on 27.1.1996. Compensation was claimed before the MACT under various heads including for loss of pay for 42 days and for loss of earning power for disability which was certified by the Doctor at 15%. The MACT awarded compensation by treating the disability only at 5% and the monthly income at Rs.1,500/-. Counsel for the appellant referred to the salary certificate and other materials produced before the MACT to show that appellant was earning equivalent of Rs.12,000/- per month in Kuwait. Standing Counsel for the Insurance Company opposed 2 enhancement of compensation for the reason that admittedly appellant's employment, earning and prospects in employment abroad are not affected. Even though we find substance in this contention in as much as the disability has not led to any actual loss in earning, we feel some enhancement is called for because of the loss of wages for over a month on account of appellant's delayed joining for duty on account of the accident and for loss of enjoyment in life. We, therefore, enhance the total compensation from Rs.41,500/- to Rs.75,000/- with direction to the Insurance Company to remit the additional compensation with interest at 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