IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 MACA.No. 751 of 2005() ---------------------- OPMV.1200/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/CLAIMANT -------------------------------- T.V.UDESH, S/O.LATE T.KUNHIRAMAN, NEW MANGOOL HOUSE, PALLIKUNNU, KANNUR-4. BY ADV. SRI.K.SHIBILI NAHA RESPONDENT(S): --------------- 1. P.AYYAPPAN, S/O.PERUMAL, VETTIYAM PALAYAM, PARAKKADU, NAMBIGOOR, TAMIL NADU. 2. K.S.THIRUMOORTHY, S/O.E.K.SALLAPANI, A.V.ROAD, KALASIPALAYAM, BANGALORE-2. 3. ORIENTAL INSURANCE CO.LTD., RAJA STREET, GOBI, TAMIL NADU-638 476. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.751 of 2005 .................................................................... Dated this the 22nd day of September, 2008. JUDGMENT Ramachandran Nair, J. The appeal remains defective for not taking steps for serving notice on respondents. Since the matter is pending for the last three years, we directed counsel for the appellant to serve notice on counsel for the Insurance Company. However, no one has appeared for the Insurance Company. We do not think there is any need to protract this matter by issuing notice to the Insurance Company because only a marginal increase is called for in the compensation, irrespective of whether there is objection from Insurance Company or not. 2. We notice that the injury sustained by the appellant is the fracture of right patella which resulted in it's removal. Disability certified at 10% is accepted by the MACT and compensation is seen granted for disability. However, we find a patent mistake in the award of compensation under this head because one third towards personal expenses is deducted, which does 2 not apply to a case of injury. Consequently compensation for disability is enhanced from Rs.8,000/- to rupees twenty four thousand (Rs.24,000/-). No other modification is required. The Insurance Company is directed to deposit the additional compensation with interest at 7.5% p.a. from the date of application till date of deposit. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms