IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 MACA.No. 1123 of 2004() ----------------------- OPMV.1258/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- VINAYAN, S/O. SHEKHARAN NAIR, AGED 23 YEARS, MUNDAKAL KAROTTU HOUSE, CHAMBUCHIRA BHAGOM, ITTITHANAM KARA, KURICHI VILLAGE. BY ADV. SRI.K.A.HASHIM RESPONDENT(S): RESPONDENTS -------------------------- 1. SUBHAS H, S/O. VASAPPAN, PARAYIL HOUSE, CHAMBUCHIRA BHAGOM, ITHITHANAM KARA, KURICHI VILLAGE. 2. JOHNSON JOHN, KADUPPIL HOUSE, CHEERAMCHIRA, CHANGANACHERRY. 3. THE NEW INDIA ASSURANCE CO.LTD., KANJIKUZHY, KOTTAYAM. ADV. SRI.JOBI JOSE KONDODY FOR R1 & 2 SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON 06/10/2008 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1123 of 2004 .................................................................... Dated this the 6th day of October, 2008. JUDGMENT Ramachandran Nair, J. The 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 suffered fracture of both bones of left leg and disability certified is 8%. However, since the Doctor stated that fractured bones joined together and appellant can walk without support, MACT awarded only consolidated amount of Rs.10,000/- towards loss of earning power. Similarly for the disemployment on account of the accident, appellant was given only Rs.4,500/- taking his monthly income at Rs.1,500/-. Counsel for the appellant rightly pointed out that the income fixed at Rs.1,500/- is too low because even as a daily wage earner, appellant would have been able to earn atleast Rs.3,000/- a month. Moreover, even though disability is not permanent in nature, damage caused to him would have lasting effect on his earning power is the contention of the appellant. Considering all these, we feel a total enhancement of compensation will serve the ends of justice. We 2 accordingly increase the total compensation from Rs.26,700/- to Rs.50,000/- with direction to the Insurance Company to deposit the additional compensation amount with interest at 7.5% p.a. from date of application till date of deposit. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms