IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 MACA.No. 206 of 2006() ---------------------- OPMV.71/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- IBRAHIMKUTTY, S/O. HYDROS, CHOLLAKAL HOUSE, MUTHUTHALA P.O., PATTAMBI (VIA), OTTAPALAM TALUK. BY ADV. SRI.THOMAS ABRAHAM SRI.K.B.ARUNKUMAR RESPONDENT(S): RESPONDENTS: --------------------------- 1. M. SIDDIQUE, S/O. POCKER HAJI, MOOTHEDATHU HOUSE, KURUVATTOOR (PO), PATTAMBI (OWNER OF THE MOTOR CYCLE BEARING REGISTRATION NO.KL-9/E-2342). 2. ABUSALI, S/O. ABOOBACKER, MUNNUMMAL HOUSE, KURUVATTOOR P.O., PATTAMBI. (DRIVER OF THE MOTOR CYCLE BEARING REGISTRATION NO.KL-9/E-2342). 3. THE ORIENTAL INSURANCE COMPANY LTD., MELEPATTAMBI, PATTAMBI, OTTAPALAM TALUK, PALAKKAD DISTRICT (INSURER OF THE MOTOR CYCLE BEARING REGISTRATION NO.KL-9/E-2342). ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 206 OF 2006 -------------------------------------------- Dated this the 1st day of June, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation. While the case of the appellant is that compensation granted is inadequate, standing counsel appearing for the insurance company submitted that going by the decision of the Supreme Court in TILAK SINGH's case, appellant is not entitled to get compensation because the bike in which he was travelling was covered only by an Act policy. After going through the award and after considering the claim of the appellant, we do not think there is any scope for enhancement because adequate compensation is granted for the injuries sustained by the appellant. Appeal is consequently dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 2