IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 4TH DECEMBER 2008 / \3TH AGRAHAYANA 1930 MACA.No. 1504 of 2005() ----------------------- OPMV.1649/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S)/PETITIONER IN OPMV. ------------------------------------------- C.R.JOSE, S/O.JOSE RAPHEL, CHITTILAPPILLY HOUSE, PALISSERY P.O. PALAKKAL DESOM PALISSERY VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS OP.MV. --------------------------------- 1. P.P.JOHNSON, S/O.PAUL, PLASSERY HOUSE, VADOOKKARA P.O. THRISSUR. 2. ROCKSON, S/O.PAUL, PLASSERY HOUSE, KOORKKANCHERRY P.O. THRISSUR. 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD., K.P.NAMBOOTHIRI SHOPPING COMPLEX, SHORNUR ROAD, THRISSUR 680 001. ADVS. SRI.M.V.THAMBAN FOR R1,R2. SMT.THARA THAMBAN FOR R1,R2. SRI.MATHEWS JACOB (SR.)-R3 R3I.P.JACOB MATHEW FOR R1,R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO.1504 OF 2005 --------------------------------------------------------- Dated this the 4th day of December, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. We have heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. 2. Even though the appellant claimed compensation for 25% permanent disability, the Motor Accidents Claims Tribunal, Irinajalakuda fixed the percentage of disability at 12%. We do not find any ground to interfere with this because the percentage of disability certified appears to be quite exaggerated. The appellant, after the accident, continued his job in the bank and there is nothing to indicate that the disability has led to any loss of prospects even for promotion. In the circumstances, compensation has to be reckoned only for the period after retirement at the age of 60. Even though we uphold the principle laid down by the Tribunal, M.A.C.A. NO.1504/2005 2 compensation awarded calls for increase. We, therefore, grant an additional compensation of Rs,15,000/- which will carry interest at the rate of 7.5% per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO.1504/2005 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. JUDGMENT 4th December, 2008 M.A.C.A. NO.1504/2005 4