IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 MACA.No. 366 of 2004() ---------------------- OPMV.2210/1996 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- SABEELA W/O. SHAJI, AGED 29 YEARS, VALIYA VILAYIL VEEDU, KALLELIBHAGOM MURI, KALLELIBHAGOM VILLAGE. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENT(S): --------------- 1. SUDEVAN S/O. GOPALAN, PERINGATTU VEEDU, KOTTUMMEL MURI, KULASEKHARA MANGALAM, VAIKKOM (DRIVER) 2. THOMAS.J. UNIYADAN S/O. MATHEW JOSEPH, UNNIYADATHU HOUSE, VAIKOM P.O., KOTTAYAM (OWNER) 3. NATIONAL INSURANCE CO. LTD., MARKET JUNCTION, THRIPUNITHURA (INSURER) ADV. SRI.P.S.NANDANAN FOR R1,2 SRI.P.N.ANOOP FOR R1,2 SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON 04/11/2008 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.366 of 2004 .................................................................... Dated this the 4th day of October, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. The MACT found the vehicle which hit down the injured liable for compensation. Out of the total compensation awarded which is Rs.40,200/-, Rs.7,000/- represents compensation for loss of earning power on account of disability. While the appellant's case is for enhancement of compensation, Standing Counsel for the Insurance Company pointed out that no disability certificate was produced by the appellant. The appellant was aged 22 years of age and she suffered a fracture of her one leg. Even though she claims to be running dairy business, there is no proof for the same. In any case fracture of a leg will lead to total disability for three months and it may even lead to disability of a long standing nature. Therefore, we feel compensation awarded is inadequate. We, therefore, enhance the total compensation granted by MACT by a 2 further sum of Rs.15,000/- which will carry interest at 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms