IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 MACA.No. 915 of 2006() ---------------------- OPMV.579/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: --------------------------- VALIYAKATH MOHAMMED ASHRAF, S/O.MOHAMMED, 35 YEARS, VALIYAKATH HOUSE, CHETTIYANGADI P.O. KARUVAMBRAM, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.I.V.PRAMOD SRI.ARUN EARNEST RESPONDENTS/RESPONDENTS: ---------------------------------- 1. NECHIKKADAN VINOD, S/O.KORUKUTTY, SUBHA NILAYAM, MALAPPURAM AMSOM, KORANGODE, P.O.DOWN HILL, MALAPPURAM OWNER CUM DRIVER. 2. M/S. NEW INDIA ASSURNCE CO.LTD., BRANCH OFFICE, MANJERI. R1 BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU R2 BY ADV. SRI.LAL GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 915 OF 2006 -------------------------------------------- Dated this the 10th day of December, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and counsel appearing for respondents. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. Counsel for the appellant submitted that appellant was a government employee, took leave and was working abroad. However, on account of this accident, he had to discontinue his employment abroad and after recovery he rejoined back in the Govt. service. Respondents' case is that appellant had come back for good and at the maximum his joining in the Government service was delay on account of accident. We notice that permanent disability certified is only 10% and since appellant has joined back in the government service and his prospects in employment and earnings are not affected, Tribunal rightly declined compensation for loss of earning. However, considering long period of treatment and MACA : 915/06 2 the time taken for complete recovery for rejoining in the Govt. service, we feel appellant is entitled to additional compensation. We therefore enhance the total compensation by another Rs. 20000/- which will carry interest at 7.5 per cent per annum from the date of application till date of payment. Appeal stands allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk MACA : 915/06 3