IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MACA.No. 252 of 2003() ---------------------- OPMV.191/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- K.ABDULLA S/O. K.MOHAMMED, AGED 35 YEARS, SUBAIDA MANZIL, KATTAMUNDA, NADUVATH P.O., WANDOOR. BY ADV. SRI.T.KRISHNAN UNNI (SR.) SRI.SAJU.S.A RESPONDENT(S): RESPONDENT ------------------------- 1. MALAPPURAVAN ABDURAHIMAN (DRIVER) S/O. K.KAMMU, MALAPPURAVAN HOUSE, NADUVATH P.O., WANDOOR. 2. ROYCHAN BABY, S/O. BABY VADAKARA, KATTAMUNDA, NADUVATH P.O., WANDOOR. 3. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, KALPETTA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.252 of 2003 .................................................................... Dated this the 28th day of October, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. Appellant's claim of employment and earning was rejected by the MACT for want of evidence. Even though there is no tenable evidence about the employment claimed by the petitioner as Checking Inspector in a bus, we feel the income fixed for the 35 year old man at Rs.1,500/- per month is a bit low. It is seen that petitioner has sustained injury which led to a disability of 10%. Considering the age and capacity to earn better income and the disability suffered by the appellant, we grant an additional compensation of Rs.19,300/- making the total compensation to Rs.1 lakh with direction to the Insurance Company to deposit the 2 said amount with interest at 7.5% p.a from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms