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 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 1190 of 2006() ----------------------- OPMV.3461/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S)/PETITIONER: ----------------------------------- MOHANAN, S/O.KANDAN, EDAPADAM HOUSE, THIRUVAZHIYAD PO, NENMARA, PALAKKAD DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. J.HANEEFA, S/O.IBRAHIM RAVOOTHAR, KOZHIKKAD, THIRUVAZHIYAD PO, PALAKKAD DISTRICT. 2. A.KRISHNAN, S/O.AYYAPPAN, EDAPPADAM HOUSE, THIRUVAZHIYAD P.O, AYILOOR, PALAKKAD DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD, REP.BY DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD, DIVISIONAL OFFICE, THRISSUR. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DEIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1190 OF 2006 --------------------------------------------------------- Dated this the 17th day of November, 2008 JUDGMENT Ramachandran Nair, J. Grievance of the appellant is against the reduction of percentage of disability from 80% to 40% by the Motor Accidents Claims Tribunal, Thrissur. In the connected case, we granted some enhancement to another person injured in the same accident. There is invariable exaggeration of percentage of disability certified by doctors and, therefore, the Tribunal views the certificate with a critical mind and in some cases the Tribunal reduces the percentage of disability. We do not find fault with the Tribunal in this case also because the doctor has not certified as to how the treatment in the Medical College led to mal union of the bones. In any case, considering the substantial reduction in the percentage of disability by the Tribunal, we grant an additional compensation of Rs.10,000/- to the appellant which will carry interest at the rate of 7.5% per annum from the date of application till date of payment. Like the original award, this M.A.C.A. NO. 1190/2006 2 amount also will be recovered from the registered owner of the autorickshaw. Appeal is disposed of as above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO. 1190/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 1190/2006 JUDGMENT 17th November, 2008