IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 MACA.No. 2118 of 2005(D) ----------------------- OPMV.807/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/PETITIONER : ---------------------------- THOMAS GEORGE, S/O.GEORGE, KANIYANRAKATHU HOUSE, KURUNJI.P.O, RAMAPURAM VILLAGE. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS/RESPONDENTS: ---------------------------------- 1. REGHUNATHAN.G., S/O.GOVINDAN NAIR, VARAKAPPALLI HOUSE, KURINJI.P.O. 2. ANJU JOSEPH, NEDIYAPALACKAL HOUSE, PUTHUVELY.P.O, KOTTAYAM DIST. 3. THE NATIONAL INSURANCE CO. LTD., PALA. R3 BY ADV. SRI.M.A.GEORGE, SC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 2118 OF 2005 -------------------------------------------- Dated this the 13th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation. Standing counsel for the insurance company submitted that under the policy appellant is not entitled to any compensation at all by virtue of decision of the Supreme Court in UNITED INDIA INSURANCE CO.LTD. V. TILAK SINGH, (2006) 2 K.L.T. 884 (SC). However, since insurance company has not filed any appeal, we do not think we should interfere with the award ordering payment of compensation against the company. We also dos not find any ground to enhance the compensation as the appellant's earning, as Government servant, is not affected on account of injuries sustained. Appeal is consequently dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 2