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 MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 MACA.No. 937 of 2006() ---------------------- OPMV.1747/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- LEKSHMI K.K., W/O. GANGADHARAN, AGED 39 YEARS, KOYAEN HOUSE, P.O. KANOOL, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): 3RD RESPONDENT: ------------------------------ THE ORIENTAL INSURANCE CO. LTD., PAILANDS BUILDING, II FLOOR, P.M. RAO ROAD, MANGALORE. ADV. SRI.P.JAYASANKAR FOR R.1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 937 OF 2006 -------------------------------------------- Dated this the 1st day of June, 2009 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the insurance company. The accident and the liability for the insurer are admitted. Therefore the only question is of considering enhancement of compensation. Counsel for the appellant rightly pointed out that reduction of percentage of disability from 12% to 6% is not justified because appellant at the age of 32 suffered major injury to her pelvis bone and thigh bone. Besides this there is fracture of neck of fibula. Considering the nature of injuries sustained we are of the view that percentage of disability certified should be taken as whole body disability at 12% and not at 6% as fixed by the MACT. However, we feel total enhancement of compensation will serve the claim of the appellant. We therefore enhance the total compensation from Rs. 68,300/- to Rs. 1,00,000/- with direction to Insurance Company to pay additional compensation with interest at the same percentage granted 2 by MACT for the original compensation from the date of application till date of payment. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 3