IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH JULY, 2008 / 18TH ASHADHA, 1930 MACA.No. 620 of 2003 - B (OP(MV).41/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANT/PETITIONER: ------------------------------- K.A.FACRUDHIN S/O. ABDULSALAM MUSLIYAR, KOTTAPARAMBIL HOUSE, P.O.PERINJANAM, THRISSUR. BY ADV. SRI.N.B.ANOOP RESPONDENTS/RESPONDENTS: -------------------------------------- 1. V.S.JYOTHISHKUMAR, S/O. SUBRAMANIAN, VANPARAMBIL HOUSE, P.O.PERINJANAM, THRISSUR. 2. V.MARIYAPPAN S/O. VELUSWAMY GOUNDER, ERUTHIYANPATHI VILLAGE DESOM, PALAKKAD DISTRICT. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., IRINJALAKUDA BRANCH, THRISSUR. BY ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No. 620 of 2003 B --------------------------------------------- Dated this the 9th day of July, 2008 J U D G M E N T Ramachandran Nair,J: Heard counsel for the appellant as well as Standing Counsel appearing for the Insurance Company. 2. We have also gone through the award passed by the M.A.C.T. wherein compensation of total amount of Rs.1,35,000/- was granted to the appellant under various heads. Even though there is no proof of employment for the calculation of the income of the appellant, we feel, an amount of Rs.1500/- should be fixed as monthly income even for a daily wage earner. We, accordingly, increase the income for compensation for loss of earning for one year from Rs.12,000/- to Rs.18,000/-. Consequently, compensation for loss of earning power is increased from Rs.43,200/- to Rs.64,800/-. The additional compensation awarded by us will carry 7.5% interest from the date of MACA NO.620 OF 2003 :-2-: petition till the date of realisation. The third respondent is directed to recover additional compensation also from the owner of the vehicle in terms of the award. The appeal is allowed as above. C.N.RAMACHANDRAN NAIR, Judge V.K.MOHANAN, Judge MBS/ MACA NO.620 OF 2003 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- I.T.A.NO. 81 OF 2000 ------------------------------------ J U D G M E N T DATED:17-6-2008 MACA NO.620 OF 2003 :-4-: