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. 1476 of 2005() ----------------------- OPMV.311/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT ----------------------- NOUFEER.N.R., S/O.ABOOTTY, AGED 10 YEARS, (MINOR), REPRESENTED BY FATHER AND GUARDIAN, ABOOTTY.N., S/O.KUTTOSAN, CHEMBIL HOUSE, P.O.SIVAPURAM. BY ADV. SRI.M.SASINDRAN SRI.T.P.ELDHO RESPONDENT(S): --------------- 1. JOSEPHKUTTY.M.K., S/O.KURIAKOSE, MADIATH HOUSE, KOLAKKAL, P.O.PERAVOOR. 2. VALLAPURAYIDATH SAJI, S/O.DEVASSIA, VALLAPURAYIDATH HOUSE, P.O.POOLAKUTTY. 3. THE UNITED INDIA INSURANCE COMPANY LTD., KANNUR. ADV. SRI.M.R.SUDHEENDRAN FOR R1 SRI.SURAJ.S FOR R1 SRI.P.JAYASANKAR 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. 1476 OF 2005 -------------------------------------------- Dated this the 23rd day of October, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the insurance company. Appeal is for enhancement of compensation for the injuries sustained by the appellant who was only 10 years of age at the time of the accident. We find force in the contention of the appellant that reduction of percentage of disability by the MACT is not justified. Moreover, MACT has not given adequate importance to the loss of one academic year for the appellant in his studies while granting the compensation. However, we feel enhancement of total compensation will serve the ends of justice. Accordingly we enhance the total compensation from Rs. 58300/- to Rs. 1 lakh with direction to the insurance company to deposit additional compensation with interest at 7.5 per cent per annum from 2 the date of application till date of deposit. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3