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 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 MACA.No. 1705 of 2004() ----------------------- OPMV.258/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): CLAIMANT ---------------------- SABU ABRAHAM, S/O.ABRAHAM, PUTHUPARAMBIL HOUSE, MANORAMA THOPPU BHAGOM, ERAYILKADAVU, MUTTAMBALAM VILLAGE. BY ADV. SRI.JAMES KURIAN RESPONDENT(S): RESPONDENT ------------------------- 1. VIJAYALAL, S/O.PURUSHOTHAMAN, KUNNUMPURATHU VEEDU, CHITTADY P.O., CHOTTY, MUNDAKAYAM. 2. DIVISIONAL MANAGER, THE ORIENTAL INSURANCE CO LTD., KOTTAYAM. ADV. DR.ELIZABETH VARKEY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1705 of 2004 .................................................................... Dated this the 30th day of October, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. The appellant's main grievance is against disallowance of compensation for permanent disability. Counsel for the appellant produced the disability certificate issued by the Medical college Hospital and contended that MACT misread the certificate as only temporary disability for 8 weeks as against permanent disability of 6% certified by the Doctor. We find force in this contention because after declaring temporary disability as total disability for 8 weeks, the Doctor has in fact noticed that on account of damage to the patella and the limitation in movement of the leg, appellant has suffered 6% disability. Consequently appellant is entitled to compensation under this head. Similarly, we find force in the contention of the appellant that the income fixed is also too low. Even though the salary certificate may be exaggerated, we feel appellant is entitled to have his 2 monthly income fixed atleast at Rs.2,500/- per month. Taking into account all these, we enhance the total compensation from Rs.29,250/- to rupees sixty thousand with direction to the Insurance Company to deposit the same with interest at 7.5% p.a. from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms