IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 10TH OCTOBER 2007 / 18TH ASWINA 1929 MACA.No. 1283 of 2005 --------------------------- OPMV.818/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/APPLICANT --------------------------- AUSTIN, S/O.WILSON, SUMA BHAVAN, ANCHUMARAMKKALA, VELLARADA P.O. THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: RESPONDENTS ----------------------------------- 1. M.DASAYYAN, DHANYA BHAVAN, KARALI, PARASSALA P.O. THIRUVANANTHAPURAM. 2. PRASANNAKUMAR, S/O.DHARMAYYAN, PRASANNA BHAVAN, INCHIVILA, PARASSALA P.O. THIRUVANANTHAPURAM. 3. THE DIVISIONAL MANAGER, NEW INDIA INSURANCE COMPANY LTD., THIRUVANANTHAPURAM. R3 BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA 1283/05 1 K.S. RADHAKRISHNAN & A.K. BASHEER, JJ. ------------------------------------------------------------------ M.A.C.A. No 1283 of 2005 ------------------------------------------------------------------ Dated: 10th October 2007 JUDGMENT Radhakrishnan, J. Claimant is the appellant. Accident is not disputed; so also the insurance coverage. Appellant has preferred this appeal claiming enhanced compensation. Appellant himself got examined as P.W.1. He appeared before the Tribunal in crutches and the disability cannot be treated as trivial. He had produced Ext A12 certificate issued by the Medical Board attached to the Medical College Hospital, Thiruvananthapuram. Certificate would indicate that the claimant has permanent partial disability of 40%. No doctor was examined. However, we find no reason to discard the certificate as such especially in the nature of oral evidence adduced by the claimant. The Tribunal did not accept the certificate as such and adopted only 25% disability instead of 40%. Therefore, we hold that claimant is entitled to compensation of an amount of Rs 1,63,000/- for permanent disability instead of Rs 1,02,000/- awarded by the Tribunal. In all other respects, the award of the Tribunal will stand. The appeal is disposed of granting an MACA 1283/05 2 additional amount of Rs 61,000/- towards compensation for permanent disability and the said amount will carry interest at the rate of 7.5% per annum from the date of petition till payment. Sd/- K.S. RADHAKRISHNAN Judge Sd/- A.K. BASHEER Judge 10/10/2007 en [true copy]