IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 MACA.No. 1617 of 2004() ----------------------- OPMV.1619/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: -------------------------------------- T.N.SHAJI, THAZHAPPALLIL HOUSE, NALLOOSSERY P.O. PERUMBAIKKADU, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: RESPONDENTS: ------------------------- 1. RAVINDRA KUMAR, KAIPADA ASOKA BHAVAN, MUZHIPURAYIDOM BHAGAM, MANARCADU P.O. 2. CHANDRASEKHARAN NAIR, KOLAYIL HOUSE, MANGANAM P.O. KOTTAYAM. 3. THE ORIENTAL INSURANCE CO.LTD., KOTTAYAM. BY ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 1617 OF 2004 -------------------------------------------- Dated this the 13th day of August, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and counsel appearing for the insurance company. This Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a motor accident. The Motor Accidents Claims Tribunal awarded total compensation of Rs. 24,000/-. The main case of the appellant is that since appellant sustained spine injury, award of compensation of Rs. 10000/- for disability is inadequate. However, the case of the respondents is that appellant underwent treatment for six days in a hospital and that medical certificate declaring 10% disability was issued by a doctor, though during the pendency of claim petition, from the Medical College Hospital on private consultation. Even though we agree with the Tribunal that certificate issued is not reliable, we find that headload worker was injured and was in the hospital for six days. 2 Spine injury, however small, will certainly affect the earning capacity of the headload worker. Considering this, we enhance the compensation from Rs. 10000/- to Rs. 21000/- under this head. Therefore total compensation stands increased from Rs. 24,000/- to Rs. 35,000/-. The insurance company is directed to deposit additional compensation 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. (V. K. MOHANAN) Judge. kk 3