IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 MACA.No. 447 of 2006() ---------------------- OPMV.749/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/CLAIMANT: --------------------------------- RAHIM, S/O. BHAVA, PARAPATH HOUSE, MANJUMMEL THEKKUMBHAGHAM, MANJUMMEL P.O., UDYOGAMANDAL, ERNAKULAM DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) SRI.JEFRIN MANUEL RESPONDENT(S): 2ND RESPONDENT: ------------------------------ 1. THE ORIENTAL INSURANCE CO. LTD., MOTOR 3RD PARTY CLAIMS OFFICE, REGIONAL OFFICE, MUTHOOT TOWERS, KOCHI-35. ADDL. 2. SAMBATH, SON OF SUDHA RAO, KALANILAYAM, VENNALA P.O., ERNAKULAM, KOCHI 26 ADDL. R2 IS IMPLEADED AS PER ORDER DATED 4.6.2008 IN I.A.NO. 938 OF 2008 R1 BY ADV. SRI.P.V.JYOTHI PRASAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. -------------------------------------------- M.A.C.A. No. 447 OF 2006 -------------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. After hearing the parties and after going through the award, we find that even though one little toe of appellant's right leg is amputated the MACT has not granted any compensation for the disability. Appellant is a driver by profession and going by the Workmen's Compensation Act, appellant is entitled to compensation for permanent disability at 3%. Even if Rs. 2000/- is the monthly earning of the appellant then going by the age of the appellant, the appellant will be entitled to compensation for disability a little over Rs. 10,000/-. We therefore allow the appeal by enhancing the compensation by Rs. 11,000/- making the total compensation payable 2 to Rs. 30,000/-. Additional compensation granted by us will carry interest at 7.5 per cent per annum from the date of application till date of deposit. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk 3