IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 MFA.No. 443 of 2003(E) ---------------------- OPMV.495/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): (PETITIONER): --------------------------- MARY PHILIP, W/O. PHILIP, AGED 45 YEARS, RESIDING AT PUTHUSSERY HOUSE, P.O. PERIKALLOOR, PULPALLY, SULTHAN BATHERY TALUK. BY ADV. SRI.N.J.ANTONY RESPONDENT(S): (RESPONDENTS): ----------------------------- 1. SABU JACOB, S/O. CHACKO, AGED 23 YEARS, RESIDING AT PUTHIYAPARAMBIL HOUSE, POST PERIKALLOOR, MARAKKADAVU, PULPALLY, SULTHAN BATHERY TALUK. (DRIVER-CUM-OWNER OF JEEP NO.KL-5A/3438, D.L.NO.268/93). 2. NEW INDIA ASSURANCE CO. LTD., M.G.T. BUILDING, KALPETTA (POLICE NO. NOT KNOWN). 3. VINOD, S/O. CHATHUKUTTY, ANIYERI, MOKERY, VALLYAI. (DRIVER OF BUS NO.KL-13A/5757). 4. M.RAJAN, S/O. KUNHIKANNAN, RAJAPURAM, NETTOOR, THALASSERY. (OWNER OF BUS NO.KL-13A/5757). 5. UNITED INDIA INSURANCE CO. LTD., KALPETTA (LOCAL BRANCH OF INSURERS, MADRAS BRANCH). R4 IS DELETED FROM THE PARTY ARRAY AS PER ORDER ON I.A. NO.2548 OF 2005 DATED 31.8.2005 BY ADV. SRI.JIJO PAUL FOR R1 BY ADV. SRI.VPK.PANICKER FOR R2 BY ADV. SRI.P.MURALEEDHARAN FOR R5 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.F.A. No. 443 OF 2003 -------------------------------------------- Dated this the 6th day of July, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel for the insurance company. The prayer in the Appeal is for enhancement of compensation for the injuries sustained by the appellant in a jeep accident while she was a passenger. Though the appellant suffered fracture of the ribs and on the right-hand, counsel for the insurance company submitted that percentage of disability claimed is with reference to right-hand and according to him disability certificate is unbelievable because fracture cannot lead to 65% disability for the hand. Even though we find some force in the contention of the insurance company, we feel since the appellant was in the hospital for 82 days and suffered extensive fracture of ribs and on the right hand, she is entitled to a higher compensation. The compensation on account of disability is therefore increased from Rs. 51,600/- to Rs. 75,000/-. 2 The insurance company is directed to deposit additional compensation with interest at 7.5 per cent per annum from the date of application till date of payment. Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3