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 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 218 of 2004() ---------------------- OPMV.1339/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- S.SRINIVASAN S/O. M.SUBRAMANIAN, 19, SALAI STREET, SRIVAIKUNTAM TALUK, V.OC. DISTRICT, TAMILNADU. BY ADV. SRI.O.RAMACHANDRAN NAMBIAR SRI.GEEN T.MATHEW RESPONDENT(S): RESPONDENTS -------------------------- 1. CHANDRAN THONDAMAN, SO. MAHALINGATHONDAMAN, BAZAR ROAD, MANALMEDU, THENTHIRUPPERAI POST, TIRUFCHENDUR TALUK, V.O.C. DISTRICT, TAMILNADU 2. ARUNACHALA MOOPANAR, PROPRIETOR OF THANGA ARUNA DEVI TRANSPORT, ANANDI AMMAN KOIL STR EET, SRIVAIKUNTAM V.O.C. DISTRICT TAMILNADU. 3. UNITED INDIA INSURANCE CO. LTD., TIRUNELVELI JUNCTION, TAMILNADU. ADV. SMT.K.C.BEENA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 218 OF 2004 -------------------------------------------- Dated this the 23rd day of October, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant while working as cleaner in a lorry. The MACT found negligence on the part of the driver and granted compensation. However, appellant's case is that compensation granted is inadequate. We have heard counsel appearing for the appellant, and standing counsel appearing for the insurance company who opposed enhancement of compensation for the reason that there is no proof for income of the appellant. 2. Appellant was only 25 years of age at the time of accident. The medical report shows that he suffered fracture on the right-hand and the accident shortened the right hand by two cms. Even though disability certified was 24% the MACT reduced it to 9%. Considering the injuries sustained and disability certified, we do not find any 2 justification for the MACT to reduce the same. Moreover, the income fixed for grant of compensation at Rs. 1500/- per month is also low. Considering all these, we enhance the total compensation from Rs. 30,890/- to Rs. 75,000/- with direction to insurance company to deposit the additional compensation with interest at the rate of 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 3