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 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 MACA.No. 202 of 2003() ---------------------- OPMV.4234/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- K.B.MURALI, AGED 34 YEARS, S/O. BHASKARAN, KALEKATTU HOUSE, EZHUPUNNA, CHERTHALA. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.NITHYA.K. RESPONDENT(S): RESPONDENTS -------------------------- 1. K.P.RENADEVAN, S/O.PURUSHOTHAMAN, REJIN NIVAS, EZHUPUNNA, CHERTHALA. 2. P.G.SURESH, S/O.GANGADHARAN, PUTHENVELI HOUSE, EAST OF KUMARAPURAM TEMPLE, WARD.NO.10, EZHUPUNNA, CHERTHALA TALUK. 3. THE UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, COCHIN 16. ADV. SRI.JOHN KOSHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 202 OF 2003 -------------------------------------------- Dated this the 18th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. Appellant's case is that accident happened by the autorickshaw hitting him while he was walking on theroad. However, the case of the insurance company is that appellant was a passenger in a goods autorickshaw. However, insurance company has not filed any appeal against the award whereunder MACT accepted appellant's case. Counsel for the appellant produced photograph of the appellant which shows damage to his left foot. MACT accepted permanent disability at 5% as against 20% certified by doctor. We find force in the contention of appellant that reduction of percentage of disability is not justified. However, there is nothing to indicate that injuries affect appellant's capacity to be employed in any 2 work. In any case, having regard to long time suffering and disability, however, temporary it may be, we enhance the compensation granted under this head by a further sum of Rs. 10000/- which will carry interest at 7.5 per cent per annum from the date of ;application till date of payment. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3