IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 MACA.No. 283 of 2007(J) ----------------------- OPMV.2907/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- JIJI ISSAC, AGED 40 YEARS, SON OF ISSAC VARKEY, NEDIYANIKKUZHI HOUSE, KOKKAD P.O., PIRAVOM. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI RESPONDENT(S): RESPONDENTS -------------------------- 1. PAUL VARGHESE, S/O.K.P.VARGHESE, KARIKULATHIL HOUSE, MANEED P.O., PIRAVOM. 2. T.K.JIJO, S/O.KURIAKOSE, THARAMATTATHIL HOUSE, PAZHOOR, PIRAVOM VILLAGE. 3. THE NATIONAL INSURANCE COMPANY LIMITED, TRIPUNITHURA DIVISION, TRIPUNITHURA. ADV. SRI.S.NIRMAL KUMAR FOR R2 SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.283 of 2007 .................................................................... Dated this the 28th day of May, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. During initial hearing, we felt that 16% permanent disability is unlikely because the major injury is only a fracture of femur which, if treated properly, would have led to complete restoration of the leg. In order to verify the genuineness of the claim, by order dated 7.4.2009, this court directed the appellant to produce X-ray, medical bills, and other evidence in support of his claim. Counsel for the appellant submitted that X-ray is not available and no further evidence is produced in court. Therefore, the claim of 16% permanent disability is unacceptable. However, considering the temporary disability and sufferings, we enhance the total compensation by a sum of Rs.15,000/- which will carry interest at 2 the rate of 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms