IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 MACA.No. 722 of 2008(A) ---------------------- OPMV.1372/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER: ---------------------------- RADHAKRISHNAN, S/O. PONNAN, KURUVAY, VADAKANCHERY AMSOM, ALATHUR TALUK. BY ADV. SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. K.PAZHANIYAPPAN, RESIDING AT 12/1078, SOBHA T.S.M.COMPLEX, PRIYADARSINI ROAD, PALAKKAD DISTRICT. 2. SADASIVAN, S/O. KUNJACHAN, VALIPARAMBIL HOUSE, MUNDUR, KONGAD, PALAKKAD DIST. 3. UNITED INDIA INSURANCE CO. LTD., PRESIDENT BAZAAR, 1ST FLOOR, KURUPPAM ROAD, THRISSUR DISTRICT. 4. PERIYASWAMY, S/O. RAMASWAMY KOUNDER, 10/378, V.H. ROAD, PALAKKAD. 5. MURUKESHAN, S/O. MANIKKAN, PERUMPARACHALLA, VALIYAVALLAPATHI, KOZHINJAMBARA, CHITTUR. 6. THE NEW INDIA INSURANCE CO. LTD., T.B. ROAD, PALAKKAD. R3 BY ADV. SRI.A.A.MOHAMMED NAZIR R6 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 722 OF 2008 -------------------------------------------- Dated this the 2nd day of January, 2009 JUDGMENT Ramachandran Nair,J. We have heard counsel for the appellant and standing counsel appearing for the sixth respondent. Even though award is against third respondent, there is no appearance for them inspite of service of notice. 2. Counsel for the appellant contended that appellant's income was Rs. 180/- per day and therefore monthly income fixed by the Tribunal at Rs. 1750/- for granting compensation for disability and for loss of earning is not correct. However, apart from the statement of the appellant there is no concrete evidence about his regular employment on the monthly income earned by him. Being a motor worker, we feel, appellant could have produced details of contribution made to Motor Workers Welfare Fund which would have proved his case beyond doubt. Generally motor workers in stage carriages are employed on daily wages and on account of rotation, they are not employed on all 30 days in a month. In fact the claim of monthly income based on daily MACA 722/08 2 wages shows that probably he may not have been a regular employee on monthly salary. So far as the percentage of disability is concerned, we feel appellant's claim is exaggerated because nature of injuries on the face of it may not leave the appellant with 25% permanent disability. MACT reduced the percentage of disability from 25% to 5% and granted compensation for disability. Having regard to the contentions raised, we feel some enhancement is called for both on monthly income and on the percentage of disability. We feel total enhancement of compensation will serve the interest of the appellant. We therefore enhance the total compensation from Rs. 48500/- to Rs. 65,000/- with direction to the insurance company to deposit the additional compensation awarded by us with interest at 7.5 per cent per annum from the date of application till date of payment. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk MACA 722/08 3