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 30TH JULY 2008 / 8TH SRAVANA 1930 MACA.No. 714 of 2004() ---------------------- OPMV.741/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: -------------------------------------- MINOR ELVIN VARGHESE, AGED 15 YEARS, RESIDING AT THOMANA HOUSE, MANNAMPETTA, AMBALLOORE, THRISSUR DISTRICT. (MINOR APPELLANT REP. BY HIS NEXT FRIEND GUARDIAN FATHER VARGHESE, S/O. ANTHONY, RESIDING AT THOMANA HOUSE, MANNAMPETTA, AMBALLOORE, THRISSUR DIST.) BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SMT.G.GEETHISHA RESPONDENTS: ------------- 1. T.C. SUKUMARAN, S/O. CHATHAPPAN, RESIDING AT THOPPIL HOUSE, ALOOR P.O., CHALAKUDY, THRISSUR DISTRCT. 2. THE UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH ALANGADAN BUILDINGS, TANA, IRINJALAKUDA, THRISSUR DISTRICT. R2 BY ADV. SRI.M.A.HAKIM SHAH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 714 OF 2004 -------------------------------------------- Dated this the 30th day of July, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant, and counsel appearing for the second respondent. The prayer in the appeal is for enhancement of compensation. Appellant was a minor at the time of accident, aged 11 years. Even though the doctor certified 15% disability, the Tribunal declined to accept the same because the doctor was snot examined. However, compensation of Rs. 20,000/- was allowed on account of disability and disfigurement. Having regard to the injuries sustained and the age of the appellant, we feel some enhancement is called for. Even though claim of 15 per cent disability appears to be exaggerated, we increase the total compensation to Rs. 50,000/- by granting addl. compensation of Rs. 6350/-. We direct the insurance company to deposit the additional compensation with interest at 7.5% from the date of application till date of payment. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. 2