IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 MACA.No. 377 of 2003(C) ----------------------- (O.P.(MV) NO.3841/1996 OF MACT, ERNAKULAM) APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- ARIF MOHAMED, S/O. SHEIK AHAMED, MUBARACK MANZIL, PANAYAPPILLY, MATTANCHERRY (NOW RESIDING AT G.P.R.A.QUARTERS BLOCK NO.22, A6 KUNNUMPURAM, KAKKANAD-682 030). BY ADV. SRI.PHILIP J.VETTICKATTU RESPONDENT(S): RESPONDENTS: --------------------------- 1. K.O. SEBASTIAN, S/O. OUSEPH, KOONATHAN HOUSE, OKKAL P.O., PERUMBAVOOR. 2. SANTHOSH S/O. SADANANTHAN, AMBALAPPADATH HOUSE, NEAR CHRISTIAN CHURCH, CHELAMATTOM, OKKAL. 3. THE ORIENTAL INSURANCE CO.LTD., MOTOR THIRD PARTY CLAIMS OFFICE, REGIONAL OFFICE, MUTHOOT TOWERS, KOCHI-35. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.377 of 2003 .................................................................... Dated this the 22nd day of May, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant. We have heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. Admittedly the appellant was a Government servant who had to take voluntary retirement under the disability scheme on account of the injury sustained by him. He was left with 11 years' service when he took retirement. Actual loss to him is the differential pay minus the disability pension. However, for reasons not disclosed, MACT fixed the compensation at 20% of the differential amount. We find force in the contention of the appellant that he is entitled to the differential amount as compensation. Even though Standing Counsel for the Insurance Company pointed out that granting of compensation at full differential amount will amount to treating the appellant as fully disabled which he is not, we still feel the differential amount can be 2 granted as compensation because we are not considering enhancement under other heads claimed by the appellant. We, therefore, enhance the compensation by Rupees one lakh fifty thousand (Rs.1,50,000/-) which will carry 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 C.K.ABDUL REHIM Judge pms