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 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 2230 of 2006() ----------------------- OPMV.2043/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- SHAJU, S/O. THARU, CHITTILAPPILLY HOUSE, AISWARYA NAGAR, P.O. ADATT, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): --------------- 1. BAIJU, S/O.THARU, CHITTILAPPILLY HOUSE, AISWARYA NAGAR, P.O.ADATT, THRISSUR DISTRICT. 2. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, K.P.N. SHOPPING COMPLEX, OPP.THIRUVAMBADY TEMPLE, SHORNUR ROAD, THRISSUR. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.2230 of 2006 .................................................................... Dated this the 6th day of November, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant who is a mason by profession. We have heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. 2. Appellant's case is that he suffered fracture of the two bones of the right leg and even though permanent disability certified was 18%, MACT reduced the same to 5% without any justification. Standing Counsel for the Insurance Company submitted that disability is not proved by examining the Doctor. We do not think non-examination of the Doctor is fatal to the claim. In any case considering the possibility of a bit of exaggeration in the percentage of disability certified and considering the income for a mason, we grant an additional compensation of Rs.25,000/- for disability in addition to the amount granted by the MACT. The Insurance Company is directed to deposit 2 the additional compensation with interest at 7.5% p.a. from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms