IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 MACA.No. 1292 of 2005() ----------------------- OPMV.2240/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- K.MANI, AGED 28 YEARS, S/O. T.BABU, SRAMPIPARAMBA, PUTHIYANGADI, ATHANI BEACH, KOZHIKODE. BY ADV. SRI.P.S.SREEDHARAN PILLAI SRI.K.B.SAJEESH SRI.P.GOPINATH SRI.C.S.SUNIL RESPONDENT(S): RESPONDENTS -------------------------- 1. P.P.MUHAMMED, S/O. KADER, PUTHANPURAYIL HOUSE, KEERIYAD, CHIRAKKAL POST, KANUR DISTRICT, (R.C. OWNER OF LORRY KL-13 B.999) 2. SREEJITH, AGED 28 YEARS, S/O. NANU, KUNEEMMEL HOUSE, CHAKKARAKKALLE, ANJARAKKANDY, (D.L.NO. 544/95M BADGE NO.2342/96) 3. UNITED INDIA INSURANCE COMPANY LIMITED BRANCH OFFICE, SUNITHA BUILDINGS, D.B. ROAD, R.S.PURAM, COIMBATORE - 2 ADV. SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON 16/12/2008 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1292 of 2005 .................................................................... Dated this the 16th day of December, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in an accident. The appellant was stated to be under treatment in the Medical College Hospital as an inpatient for 35 days. Injury sustained is lacerated wound to the abdomen and his right lobe of the liver is also said to be damaged. However, appellant did not produce disability certificate showing any permanent disability. Compensation is seen granted for loss of earning for six months. In other words, MACT assumed that there is no permanent disability. Even before us, appellant has not produced any disability certificate showing any permanent disability for him. However, counsel produced a medical certificate which shows that appellant will not be able to do any strenuous work. In the circumstances and having regard to the nature of injury sustained by the appellant and the loss of strength, we enhance the total compensation by a further sum of rupees 2 fifteen thousand (Rs.15,000/-) which will carry interest at the rate of 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms