IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 796 of 2005() ---------------------- OPMV.2400/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S)/CLAIMANT: ----------------------- V.S.SREEDHARAN, AGED 55 YEARS, S/O.SANKUNNI, VANISSERY HOUSE, KUNDANOOR, MARADU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S)RESPONDENTS: --------------- 1. P.VARKEY GEORGE, S/O.VARKEY, IB, HARBOUR CREST, KURISUPALLY ROAD, RAVIPURAM, COCHIN-15. 2. NATIONAL INSURANCE CO. LTD., BY ITS REGIONAL MANAGER, REGIONAL OFFICE, MUTHOOT TOWERS, M.G.ROAD, COCHIN-35. BY ADV. SRI. E.M. JOSEPH -R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 796 OF 2005 --------------------------------------------------------- Dated this the 17th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. The appellant while riding a bicycle was knocked down by a car. The Motor Accidents Claims Tribunal, Ernakulam found negligence on the part of the car driver and directed the Insurance Company to pay a total compensation of Rs.30,500/-. 2. The appellant's case is that no compensation was granted for permanent disability even though he suffered 30% disability. Counsel for the appellant produced the medical certificate issued by the Medical Board before us. We do not know why this certificate was not produced before the Tribunal. However, the hospital where the appellant was treated did not issue any disability certificate even though one section of the M.A.C.A. NO. 796/2005 2 vertebra was said to be damaged. No surgery was done inspite of specialised treatment received by the appellant in a big hospital. Even though we do not think that the disability certificate is acceptable as such, the appellant is entitled to some compensation under this head. We, therefore, grant an additional compensation of Rs.15,000/- under this head which will carry interest at the rate of 7.5% per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO. 796/2005 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 796/2005 JUDGMENT 17th November, 2008