IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 MACA.No. 1414 of 2004() ----------------------- OPMV.595/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- K.BINDU, AGED 26 YEARS, D/O. K.PARANGODAN, KALLARAM KATTIL HOUSE, PARAPOOR P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.K.RAMKUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. PARAMBAN KUNNATH HAMZA S/O. MAMMED, KOLAMBALAM, P.O.CHERUVAYOOR (DRIVER) MALAPPURAM DISTRICT. 2. P.MOHAMMED ALI, S/O. KUTTIRAYIN HAJI, P.O.THENHIPPALAM, MALAPPURAM DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LTD., CHENNAI, THAMILNADU. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 1414 OF 2004 -------------------------------------------- Dated this the 20th day of January, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. Even though notice was served on respondents, there is no appearance. Therefore we proceed to hear counsel for the appellant and dispose of the appeal. 2. Counsel for the appellant mainly contended that income of the deceased adopted is very low because as against claim of Rs. 3,500/- as monthly income, the Tribunal took the income as Rs. 1500/-. We find force in this contention because considering the age of the appellant at the time of the accident in 1998, he would have been able to earn Rs. 2500/- per month. Taking this as the monthly income appellant would be entitled to compensation for disability at Rs. 20,400/- as against Rs. 12,250/- granted by MACT. Consequent upon increase in monthly income, appellant will be entitled to enhanced compensation of Rs. 2 6,000/- for loss of earning for six months. We do not think there is any justification to increase the compensation under any other head. The additional compensation granted by us namely Rs. 14,150/- will carry interest at the rate of 7.5 per cent per annum from the date of application till date of payment. Appeal stands allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL REHIM) Judge. kk 3