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. 1535 of 2005() ----------------------- OPMV.405/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- JAYAKRISHNAN, S/O. LATE K.P. KUNJU, KUNDIL HOUSE, EDAMPADY, PADOOR P.O., ALATHUR, PALAKKAD DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): --------------- 1. E.G. BHASKARAN, S/O. GOPALAN, ELLIKKAL HOUSE, KALLEPADAM, PAZHAYANNUR P.O., THRISSUR DISTRICT. 2. BASHEER, S/O. ABDUL RAZACK, RAZACK MANZIL, VEMBALLOOR P.O., KODUVAYUR. 3. THE NEW INDIA ASSURANCE CO.LIMITED SRIVALLI BUILDING, 2ND FLOOR, CHITTOOR. R2 BY ADVS. M/S. R, REJI & SHIVA RAJARESHMI 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. 1535 OF 2005 -------------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT Ramachandran Nair,J. After going through the award and after hearing counsel for the appellant, we find the claim for enhancement of compensation is not tenable because the only injury sustained by the appellant is fracture of the ligaments and injuries to patella which were corrected in treatment. Compensation is granted treating the disability at 8%. We are of the view that 8% disability adopted by the MACT is on the right side because injury is to Patella . We therefore dismiss the appeal. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk 2