IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 MACA.No. 1212 of 2004() ----------------------- (AGAINST THE AWARD DATED 13/05/2004 IN OPMV.1289/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA) .................... APPELLANT/PETITIONER : -------------------------- C.P.JOSE, S/O.PAULOSE, AGED 37 YEARS, RESIDING AT CHERIYEKUDY @ CHIRACKAKUDIYIL HOUSE, PANIPRA, THRIKKARIYOOR VILLAGE, KOTHAMANGALAM TALUK, (TEMPORARY ADDRESS, MATTUPETTY ESTATE PACKING CENTRE QUARTERS, K.D.H.VILLAGE, MOONNAR). BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.A.S.BEENU RESPONDENTS/RESPONDENTS: ------------- 1. M.RAJAGOPAL, SREYAS, MANJELIPADAM ROAD, EROOR, TRIPUNITHURA. 2. EYOB.K.V., KALAKUDY HOUSE, PINDIMANA P.O. 3. THE ORIENTAL INSURANCE CO.LTD., D.A.BRANCH, NORTH FORT GATE, TRIPUNITHURA-682 301. BY ADV. SRI.M.JACOB MURICKAN FOR R3 SRI.A.K.RAMACHANDRAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A.No.1212 of 2004 --------------------------------- Dated, this the 5th day of August, 2008 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the appellant and learned standing counsel appearing for the Insurance Company. 2. The injured appellant is a permanent employee of M/s.Tata Tea Limited. Compensation claimed for permanent disability was disallowed for want of evidence. Even before us there is no evidence to prove that the injury sustained by petitioner, which is fracture of leg has affected his employment or earning power in any way. The Tribunal granted a consolidated some of Rs.20,000/- towards compensation on account of disability. Considering the nature of injury and the disability claimed by petitioner, we increase the compensation under this head from Rs.20,000/- to Rs.30,000/-. The Insurance Company will deposit the amount with interest @ 7.5% from the date of application till date of deposit. The appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg