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 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 MACA.No. 6 of 2006() -------------------- OPMV.894/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- NOORUDHEEN, S/O. IBRAHIM, JASEELA MANZIL, P.O. KEEZHOOR. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): --------------- THE NEW INDIA ASSURANCE CO.LTD., MAHE. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 6 OF 2006 -------------------------------------------- Dated this the 4th day of December, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the insurance company. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. Appellant was a contract worker engaged for KSEB. Counsel for the appellant submitted that inspite of medical certificate showing disability at 14% MACT reduced it to one per cent without any reason. Besides this, he pointed out that income adopted at Rs. 2000/- per month is very low. 2. We agree with the logic of MACT that temporary disability that could be corrected or substantially reduced by treatment could be compensated with future treatment expenses and by granting adequate compensation by taking into account the rectification that could be done. Therefore logically the award stands. However, in view of the 2 shortening of the leg at least temporarily and without any assurance that full restoration is possible, we feel disability can be fixed at 5 per cent. Considering the increase in wages claimed and the percentage of disability, we enhance the total compensation by Rs. 25,000/- 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