IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 MACA.No. 652 of 2004() ---------------------- AGAINST THE ORDER IN OP(MV).330/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/COMPLAINANT ------------------ ASHOKAN S/O. AYYAPPAN KIZHAKEPPURAM HOUSE, KARINGAZHA KARA, KOTHAMANGALAM. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): RESPONDENTS -------------------------- 1. M.M.VARGHESE, MANJUMMEDUDIYIL HOUSE, PINDIMANA KARA, PINDIMANA VILLAGE. 2. KIRAN @ BABU S/O. CHERIAN, PALLIMALIKUDY HOUSE, NEAR T.B.KUROOR KARA, KOTHAMANGALAM VILLAGE. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO.LTD., CHURCH VIEW JUNCTION, KOTHAMANGALAM. BY ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON ------------------------------- M.A.C.A. No.652 of 2004 ------------------------------- Dated this the 15th September, 2009 J U D G M E N T Raman, J. The appellant is the claimant in O.P.(M.V) No.330 of 2000, on the file of Motor Accidents Claims Tribunal, Muvattupuzha. This appeal is filed claiming enhancement of the compensation. 2. The appellant who was a pillion rider in a motor accident claimed an amount of Rs.2 lakhs as compensation for injuries sustained by him. Both the accident as also the policy is admitted. The Tribunal in all awarded an amount of Rs.66,500/= by way of compensation, with interest at the rate of 9% from the date of compensation till the date of deposit. Out of the said amount, an amount of Rs.10,000/= was awarded by way of compensation towards disability. An amount of Rs.7,000/= was awarded as compensation for loss of amenity. It MACA.652 OF 2004 2 is contended that compensation awarded under the above two heads are too low. 3. According to the learned counsel for the appellant, medical certificate issued would show that he has suffered 20% disability and even taking the income as Rs.1800/=, as fixed by the Tribunal, he will be entitled for an amount of Rs.86,000/=. Likewise, he also claims further enhancement towards compensation for loss of amenity. 4. We have heard both sides. Even though the medical certificate produced in the case shows 20% disability, having due regard to the nature of the injury sustained, it cannot be said that the disability is a permanent one, so as to entitle the appellant to claim total amount of Rs.86,000/= as is now contended. 5. However, the compensation awarded even considering the injury sustained, does not appear to be a just compensation. We find that, though the appellant is not entitled MACA.652 OF 2004 3 for the amount as claimed by him, the total amount as awarded by the Tribunal is on the lower side. Accordingly, we are of the view that a further amount of Rs.33,000/= can be granted as compensation under the head of disability. We do not find any reason to increase the compensation under the head 'loss of amenity'. 6. Accordingly, in partial modification of the award, an amount of Rs.33,000/= more is awarded by way of additional compensation, which will carry interest at the rate of 7% from the date of the application till the date of payment. The appeal is partly allowed as above. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.