IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 MACA.No. 27 of 2004() --------------------- OPMV.541/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPLICANT -------------------------- RAVI, S/O.NESAN THITTANGAVILA VEEDU, METHUKUMMAL.P.O., K..K.DISTRICT. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: RESPONDENTS ------------------------ 1. SUPRABHA MOHAN, SUSMITHA BHAVAN, THAMBAMUTTOM, BALARAMAPURAM.P.O., THIRUVANANTHAPURAM. 2. ANTONY XAVIER, AMARAVILA R.C.STREET, AMARAVILA.P.O., THIRUVANANTHAPURAM. 3. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD., THIRUVANANTHAPURAM. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.27 of 2004 .................................................................... Dated this the 4th day of August, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation awarded by the MACT. We have heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. While counsel for the appellant is relying on disability certificate issued by the Doctor in the Medical College, Standing Counsel for the Insurance Company relied on the certificate issued by the first hospital where appellant was taken after the accident. We notice substantial discrepancy between the two certificates because in the first certificate Doctor has not found any major injury for the appellant. However, in the certificate issued by the Medical College Hospital, appellant is declared to have suffered a permanent disability which is assessed at 16%. Even though appellant's contention is that no scan or X-ray was taken in the first hospital and that is the reason of under- assessment of the injury, we feel the certificate issued by the Medical College Hospital also may not reflect the correct position because appellant after discharge from the first hospital of admission did not go straight to the 2 Medical College Hospital, but went there after one day which means he has not suffered any major fracture or injury warranting immediate medical attention. In any case having regard to the further treatment underwent by the appellant at the Medical College Hospital and the disemployment for sometime on account of the accident and treatment, we increase the total compensation from Rs.12,500/- to rupees twenty five thousand with direction to the Insurance Company to deposit the additional compensation with interest at 7.5% p.a. from date of application till date of deposit. The appeal is allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms