IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 MACA.No. 416 of 2005() ---------------------- OPMV.1691/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- JOHN, CHAKKUNKAL HOUSE, MANIYALA BHAGOM, VAKATHANAM, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): RESPONDENTS -------------------------- 1. P.K.RAJENDRAN, PAZHOOCHERIL HOUSE, THRIKKOTHAMANGALAM, PUTHUPPALLY, KOTTAYAM. 2. THE NATIONAL INSURANCE COMPANY LTD., CHANGANACHERRY, KOTTAYAM. ADV. SRI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON 26/08/2008 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.416 of 2005 .................................................................... Dated this the 26th day of August, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. The appeal is filed for enhancement of compensation granted under various heads. Counsel for the appellant contended that income fixed at Rs.1,500/- per month is very low for the purpose of award of compensation. Standing Counsel for the Insurance Company submitted that even without proving disability by examining the Doctor, MACT allowed disability at 15%. It is seen that appellant was 52 years of age at the time of accident and he was stated to be a mason. Considering the nature of injuries, we feel some modification is called for in the compensation awarded for disability. We increase the compensation by Rs.12,300/- under this head making the total compensation to Rs.75,000/- as against Rs.62,700/- granted by the MACT. The Insurance Company is directed to deposit the additional compensation with interest at 2 7.5% per annum from date of application till date of payment. The appeal is allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms