IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 MACA.No. 279 of 2006() ---------------------- OPMV.909/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONER: -------------------------------------- PIOUS, S/O. VARKEY, THEKKUMKATTIL HOUSE, CHELACHUVADU KARA & P.O., KANJIKUZHY VILLAGE. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: ------------- 1. BENNY, S/O. THOMAS, VADAKKEDATHU HOUSE, ERATTAYAR, NELLIPPARA P.O. 2. THE NEW INDIA ASSURANCE COMPANY LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, KOTTAYAM. 3. BABU, S/O.KOCHOOTTY, KUNNELPURATHU HOUSE, CHELACHUVADU P.O., THODUPUZHA TALUK. 4. THE UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY ITS DIVISOINAL MANAGER, MUVATTUPUZHA. BY ADV. SRI.N.S.MOHAMMED USMAN FOR R2 SRI.C.V.BIMAL ROY FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.279 of 2006 .................................................................... Dated this the 15th day of September, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation for the injuries sustained by the appellant in the jeep accident. Counsel submitted that the appellant's income fixed at Rs.2,000/- per month for the purpose of compensation is inadequate. Even though appellant claimed to be an agriculturist, he has not produced any proof about the agricultural holding and the nature and extent of earning he had at the time of accident. In any case we feel Rs.2,000/- fixed as monthly income is low because even an agricultural worker will be able to earn more. Further, it is seen that expenditure incurred for Ayurvedic treatment is disallowed. Counsel further submitted that no compensation is awarded for loss of enjoyment in life. Considering these contentions, we feel an enhancement is called for. Instead of fixing compensation under each head, we feel an addition to the total compensation will serve the ends of justice. We accordingly enhance the total compensation by a sum of rupees twenty five thousand, which the Insurance Company is directed to deposit with interest at 7.5% p.a. from 2 date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms