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 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MACA.No. 532 of 2004() ---------------------- OPMV.614/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- BAIJU MATHEW, S/O. MATHEW, CHEMMALAYIL HOUSE, VENGACHUVADU,MANJALLOOR VILLAGE BY ADV. SRI.T.V.GEORGE SMT.LINDA GEORGE RESPONDENT(S): RESPONDENTS: --------------------------- 1. SAJI MANNUAL, S/O. MANUEL, MANDAPATHIL HOUSE, VAZHAKULAM, MUVATTUPUZHA. 2. IYPE VARGHESE, PALAKUZHIYIL HOUSE, SOUTH MARADY, MUVATTUPUZHA. 3. ORIENTAL INSURANCE COMPANY, MUVATTUPUZHA. ADV. DR.ELIZABETH VARKEY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 532 OF 2004 -------------------------------------------- Dated this the 30th day of September, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. We have heard counsel appearing for the appellant, and standing counsel appearing for the insurance company. 2. Even though compensation was granted for permanent disability based on disability certificate produced by the appellant. counsel for the appellant produced a disability certificate later obtained wherein a team of doctors certified that appellant suffered 14% permanent disability. Counsel for the insurance company opposed the enhancement on the ground that once disability certificate produced by the appellant was accepted, there is no scope for revising the disability certificate. However, we find force in the claim of the appellant because the treatment expenses reimbursed which is around Rs. 1 lakh and the treatment appellant was undergoing in the hospital for over six 2 weeks, prove beyond doubt that injury sustained is serious in nature and the appellant who was only 32 years of age at the time of accident suffered substantial disability mainly attributable to the fracture of his leg. Out of total compensation of Rs. 1,76,000/- awarded around Rs. 1 lakh accounts for medical expenses. Considering the claim of higher percentage of disability certified by a team of doctors of Government Hospital, and the higher claim of wages of the appellant, we feel enhancement of compensation for permanent disability at Rs. 50,000/- will meet the ends of justice. We therefore grant additional compensation of Rs. 50,000/- to the appellant towards compensation for permanent disability. For loss of employment for four months we grant additional compensation of Rs. 6,000/-. 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 stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3