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 27TH JANUARY 2009 / 7TH MAGHA 1930 MACA.No. 1491 of 2006() ----------------------- OPMV.1146/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- MOHAMMED KUTTY, S/O. KUNJU NAINA, PEEDIYAKKALCHIRA, CHANDIROOR P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.K.A.SEBASTIAN SRI.P.A.BAHULEYAN RESPONDENT(S): --------------- 1. MR.K.V. JOSE, KUNNATH HOUSE, POONITHURA P.O. 2. JAYAN, S/O. SREEDHARAN, KAVUMKARAYIL HOUSE, UDAYAMPEROOR. 3. THE NATIONAL INSURANCE CO.LTD., STATUE JUNCTION, TRIPUNITHURA. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1491 of 2006 .................................................................... Dated this the 27th 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. We have heard counsel for the appellant and Standing Counsel for the Insurance Company. The appellant has produced evidence to the effect that his treatment was for longer period and until removal of K-Wire and full recovery, he was not able to work and earn any income. We find force in this contention and therefore, we feel appellant is entitled to compensation for loss of earning for another eight months, making the total entitlement for one year. This will entitle the appellant for additional compensation of Rs.12,000/- which will carry interest at 7.5% p.a. from 2 date of application till date of payment. No other modification is required in the award. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms