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 FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 MACA.No. 151 of 2006(C) ----------------------- OPMV.834/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: ---------------------------------- SUNNY.V.J, VEENAPLAKKAL, S/O.JOSEPH, 26 YEARS, MAMPOIL, MANAKADAVU POST, ALANKODE VILLAGE, KANNUR. BY ADV. SRI.PROMY KAPRAKKATT SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.P.K.BEENA RESPONDENT(S): --------------- 1. KANAYNAKAL BIJU, S/O.VARKEY, MAMPOIL, MANNAKADAVU POST, ALAKODE VILLAGE, KANNUR. 2. BENNYCHEN.K.N.ABNC.ABDUL MAJEED, S/O.CM.MUHAMMAD MOULAVI, S/O.VARKEY, KANAYANKAL HOUSE, MAMPOIL, MANNAKADAVU POST, ALAKODOE VILLAGE, KANNUR. 3. ORIENTAL INDIA INSURANCE CO. LTD., MARINA SHOPPING COMPLEX, NATIONAL HIGH WAY, TALIPARAMBA POST, KANNUR. ADV. SRI.B.PREMNATH (E) FOR R1 & R2 SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.151 of 2006 .................................................................... Dated this the 5th day of June, 2009. JUDGMENT Ramachandran Nair, J. The appellant in this case was seriously injured in a road accident. On going through the award and after hearing both sides, we find that even though appellant was originally a paraplegic, he started recovery in the course of two years and the Doctor has stated that he needs the assistance of somebody for moving around. Therefore, 100% disability claimed by the appellant cannot be granted. However, considering the recurring expenditure for retaining an assistant and the long time appellant may take to recover completely, we enhance the total compensation from the awarded amount of Rs.4,40,315/- to Rs.5 lakhs. The additional compensation granted by us will carry interest at 2 7.5% p.a. from date of application till date of deposit. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms