IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 MACA.No. 1235 of 2006(A) ------------------------------------- OP(MV).NO.1767/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... PETITIONER/APPELLANT: -------------------------------------- KOORIYATTHODI GOPALAKRISHNAN, S/O. NANU EZHUTHASSAN, KOORIYATTHODI HOUSE, PUZHAKKATIRI AMSOM, KOTTUVAD DESOM, PUZHAKKATTIRI P.O., VIA. ANGADIPPURAM, PERINTHALMANNA TALUK. BY ADVS. MR.THOMAS ANTONY, MR.M.P.PRAKASH. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. PUTHANPURA KUMARAN, S/O. VELAYUDHAN, PUTHANPURA HOUSE, P.O.THENKARA, MANNARKKAD, PALAKKAD DIST. (DRIVER) 2. M. VIJAYARAGHAVAN, S/O. RAGHAVAN NAIR, KIZHSAKKEKALAM HOUSE, P.O.PUZHAKKATTIRI, VIA. ANGADIPPURAM. (OWNER) 3. M/S. UNITED INDIA INSURANCE CO. LTD., POST BOX NO.II, BRANCH OFFICE, UPHILL, MALAPPURAM. R3 BY ADVS. MR.MATHEWS JACOB (SR), MR.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ M.A.C.A. NO: 1235 OF 2006 ----------------------------------------------------------------------------------- Dated this the 8th April, 2009. JUDGMENT RAMACHANDRAN NAIR, J. The appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. 2. We have heard counsel for the appellant and standing counsel appearing for the Insurance Company. 3. Even though appellant has become a paraplegic medical board has certified disability only at 50%. Counsel for the appellant rightly pointed out that a paraplegic cannot do any manual work and earn any income. Admittedly the appellant was a coolie. MACT has recorded that the appellant was taken for evidence in a stretcher and he was found to be in bedsore. Even though counsel for the insurance company submitted that compensation granted by MACT is justified because the percentage certified by the medical board is 50%. We feel substantial enhancement is called for in this case because the appellant is a paraplegic. We therefore enhance the compensation by Rs.1.5 lakhs which will carry interest at the MACA 1235/2006 2 rate of 7 ½ % from the date of application till date of deposit. Appeal is allowed in part. C.N. RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: