IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 MACA.No. 2130 of 2006(A) ------------------------------------- OP(MV).NO.3373/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR. .................... APPELLANT/ PETITIONER: -------------------------------------- LEELA @ ANNAM, W/O.LATE VISWANATHAN, VALIYAVILA HOUSE, MADAMPARA, KUNISSERY, ERUMAYOOR, ALATHUR, PALAKKAD DISTRICT. BY ADV. MR.P.V.CHANDRA MOHAN. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. C.A.DEVAKY, W/O.MADHAVAN, CHAKKALAPARAMBIL HOUSE, IV/44, P.O.VELAPPAYA, THRISSUR DISTRICT. 2. RATHILAL, S/O.RAMACHANDRAN, PULIKUNNATH HOUSE, MUNDATHIKODE P.O., THRISSUR DISTRICT. 3. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, A BIKA ARCAD, P.B.NO.89, M.G.ROAD, THRISSUR. R3 BY ADV. SMT.SARAH SALVY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.Ramachandran Nair & P.N.Ravindran, JJ. =================================== M.A.C.A.No.2130 of 2006 ===================== Dated this the 9th day of January, 2009. JUDGMENT Ramachandran Nair,J. The appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. We have heard the learned counsel for the appellant and the learned standing counsel appearing for the Insurance Company. 2. The main grievance of the appellant is that no compensation is granted for permanent disability, even though the Doctor certified 18% disability. However, the standing counsel for the Insurance Company submitted that the appellant who was aged 53 years at the time of the accident and was a School Teacher served until her retirement at the age of 55 and is thereafter a retired person earning usual pension. We therefore feel that the appellant cannot claim any compensation for permanent disability because the appellant continued in service without any break receiving salary, now retired and is earning pension. 3. The appellant fell down from the bus while she was travelling as a passenger. The appellant's case is that the bus was stopped suddenly which led to her falling down. Obviously in a speedy vehicle passengers have to be careful and in this case, the appellant fell down from the bus MACA 2130/06 -: 2 :- partly on account of her want of care. In any case, the nature of injuries claimed by the appellant goes to show that the appellant's bone system was not strong and there is no case that other passengers in the vehicle suffered injuries in the same incident. However, considering the pain and suffering of the appellant, we enhance the compensation from Rs.41,000/- to Rs. 50,000/-. The additional amount of compensation granted by us will carry interest at 7.50% per annum from the date of petition till date of deposit. The appeal is partly allowed. C.N.Ramachandran Nair, Judge. P.N.Ravindran, Judge. ess 13/1