IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 MACA.No. 574 of 2005(G) ----------------------- OPMV.950/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- CHERIYAN, S/O.KURIAKOSE, THIRUVILACKAL HOUSE, KARIKODU KARA, PRIYADARSINI NAGAR, THODUPUZHA EAST P.O. BY ADV. SRI.C.M.TOMY SRI.MATHEW SKARIA RESPONDENT(S): --------------- 1. DOMINIC SAVIYO, S/O.JOSEPH, VATTAKKUZHIYIL HOUSE, VAZHAKKULAM KARA, MANJALLOOR VILLAGE. 2. UNITED INDIA INSURANCE CO.LTD., MUVATTUPUZHA. ADV. SRI.K.JAJU BABU FOR R1 ADV. SRI.N.S.MOHAMMED USMAN FOR R2 SRI.P.R.RAMACHANDRA MENON FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.574 of 2005 .................................................................... Dated this the 1st day of September, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant, counsel appearing for the first respondent and Standing Counsel appearing for the Insurance Company. Even though Insurance Company was given freedom to recover the amount from the first respondent, the said part of the order was quashed by this court by allowing the appeal filed by the first respondent. Balance is only enhancement of compensation claimed by the appellants in this case. 2. After hearing the parties and after going through the award, we feel enhancement is called for on the compensation awarded for loss of employment and for disability. The appellant was in the hospital for one month and therefore, the MACT limited compensation for loss of employment only to one month's income. A person in the hospital for one month with fracture of the leg cannot be expected to take up job immediately thereafter. It is also to be seen that appellant was periodically going to hospital for check-up and for medical attention. We, therefore, award Rs.5,000/- as compensation towards loss of employment in addition 2 to Rs.2,000/- already granted. Besides this, we find reduction of permanent disability to 3% from 10% certified by the Doctor is not justified. We fix permanent disability at 6% which will lead to a compensation of Rs.10,800/- in addition to Rs.10,800/- already granted. Consequently there will be an addition of Rs.15,800/- to the compensation already awarded by the MACT. The Insurance Company is directed to deposit the additional compensation with interest at 7.5% p.a. from date of application till date of deposit. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms