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 MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 MACA.No. 1101 of 2006() ----------------------- OPMV.973/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT(S): APPELLANT/APPLICANT: ---------------------------------- SHAJAHAN, S/O. ABOOBACKER KUNJU, SHYNI MANZIL, KUNNOOR, KANYAKULANGARA, THEKKADA VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.N.NARAYANAN NAIR SRI.NAIR AJAY KRISHNAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.VIMAL KUMAR.A.V. SRI.A.G.GIRISH KUMAR RESPONDENT(S): --------------- 1. S. NAZAR SHA, S/O. SHAHUL HAMEED, SHA NIVAS, NILAMEL P.O., KOTTARAKKARA, KOLLAM DISTRICT. 2. P. JOY, S/O. PRABHAKARAN, LAL BHAVAN, NILAMEL P.O., KOLLAM DISTRICT. 3. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED DIVISIONAL OFFICE, JOSE TRUST BUILDING, CHITTOOR ROAD, ERNAKULAM. BY ADV. SRI.P.V.JYOTHI PRASAD FOR R3 BY ADV. SRI.J.JAYAKUMAR FOR R.2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 1101 OF 2006 -------------------------------------------- Dated this the 1st day of June, 2009 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the insurance company. Appellant has claimed further treatment expenses after award by producing transport documents, and bills for purchase of medicine. Besides these documents, appellant has also produced bills charged by the hospital for the treatment he undertook after the award. The documents produced are for around Rs. 12,000/-. Counsel further submitted that percentage of disability certified by the doctor at 28% should have been granted. However counsel for the insurance company submitted that there is inflation of percentage of disability because the injuries, after treatment, did not make him unable to do his business. We do not think there is any scope for enhancement of percentage of disability from 20% accepted by the Tribunal. The monthly income of the appellant as fish vendor is fixed by the Tribunal at Rs. 2000/- which is not unreasonable. However, 2 considering the additional claim for further treatment and the sufferings he had, we enhance the compensation by a further sum of Rs. 25,000/- which will carry interest at the same rate granted by the MACT from the date of application till date of deposit. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 3