IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 1579 of 2004() ----------------------- OPMV.496/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: -------------------------------------- JOSE, S/O. SCARIA, MARANGATTUMYALIL HOUSE, PERUMPALLY, VAYATHOOR AMSOM, MUCHIYAD DESOM, P.O. MANIPPARA, VIA. ULIKKAL, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: RESPONDENT NO.3: ----------------------------- MANAGER, NEW INDIA ASSURANCE CO. LTD., P.O. IRITTY. BY ADV. SRI.P.MURALEEDHARAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 1579 OF 2004 -------------------------------------------- Dated this the 11th day of August, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the insurance company. The major challenge in this Appeal is against the refusal of the Tribunal to grant any compensation for permanent disability. Counsel for the appellant has produced disability certificate issued by doctors from Kasturba Hospital, Manipal. We find from the certificate that 20% permanent disability is certified. However, shortening of leg noticed is only one cm and the other reason for certifying 20% disability is on account of fracture and healing of leg. On the face of it, we find that disability certified at 20% is exaggerated. However, we still feel that appellant is entitled to some amount because as rubber tapper he will have difficulty for doing work. Accordingly we grant a compensation of Rs. 15,000/- towards permanent disability. The insurance company is directed to deposit this 2 amount with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3