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 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 1003 of 2005() ----------------------- OPMV.1484/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- A.P.ELDO, S/O.POULOSE, AGED 32 YEARS, ADUKALIL HOUSE, P.O.KELAKOM, THALASSERY TALUK. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): RESPONDENT IN OPMV. ---------------------------------- 1. KOILOTH RAJAN, S/O.KUTTI NARAYANAN NAIR, KOILOTH HOUSE, KOTTOOR AMSOM DESOM, NADAPURAM. 2. ALAKKAD BALAKURUP, S/O.KRISHNAN NAIR, ALAKKAD HOUSE, P.O.CHERUVANNUR, KOILANDI, KOZHIKODE DISTRICT. 3. THE NEW INDIA ASSURANCE CO.LTD., BADAGARA. ADV. SRI.JOY GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1003 OF 2005 -------------------------------------------- Dated this the 23rd day of October, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. Counsel for the appellant has contended that inspite of major injury sustained to the ankle of right leg and fracture to left hand wrist, which led to 16% permanent disability certified by the Medical Board, the MACT has not granted any compensation under this head. Standing counsel appearing for insurance company submitted that compensation was not granted because the injury appeared to have been caused not by the accident because under the medical certificate injury is stated as an old one. We are unable to accept this contention because the doctor who examined and issued the certificate has only stated that the injury is an old fracture. However, it is seen that the accident and fracture happened three years prior to the date of examination and certification by the doctor. There is nothing in evidence to notice that appellant had suffered any earlier fracture on his 2 leg. Further there is supporting evidence about hospitalisation of appellant at Thalassery and in the Medical College Hospital, Kozhikode for several days for treatment, surgery, etc. All these will go to show that the appellant had sustained injury which led to 16% disability. Consequently, appellant is entitled to compensation for loss of earning power. Considering the very same income fixed by the MACT, that is Rs. 1500/- per month, we feel appellant is entitled to compensation of Rs. 51840/- for loss of earning power. Similarly for the treatment MACT has granted compensation only for 14 days. However, in view of hospitalisation of the appellant in the Medical College Hospital, Kozhikode, we grant a further sum of Rs. 10,000/- towards additional compensation to meet hospitalisation expenses including cost of by-standers, medicine, etc. The insurance company is directed to deposit Rs. 61840/- granted by us with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3