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 FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 MACA.No. 525 of 2003() ---------------------- (O.P.(MV) NO.111/1999 OF MACT, MUVATTUPUZHA.) APPELLANT(S): APPELLANT/CLAIMANT -------------------------------- FATHIMA, W/O.MOHAMMED, VACHAKKAL HOUSE, SALLIYAM PARA P.O., IDUKKI DISTRICT. BY ADV. SRI.MATHEW SKARIA RESPONDENT(S): RESPONDENTS -------------------------- 1. P.K.PAULOSE, MANAGING PARTNER, P.P.K. & SONS, KOTHAMANGALAM. 2. MANOJ, S/O.ANDAVAN, CHEMBOTHUNGAL HOUSE, ADIMALI KARA, MANNAMKANDAM VILLAGE. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MUVATTUPUZHA. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON 22/05/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.525 of 2003 .................................................................... Dated this the 22nd day of May, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for the Insurance Company. Even though the Doctor who issued the certificate has not certified any disability, we feel earning power is affected on account of the injury and consequent loss of flexibility to the body. Since she was a cooli worker, the disability will certainly go to reduce the earning power. We, therefore, enhance the total compensation from Rs.32,000/- to Rs.50,000/-. The additional compensation granted by us will carry the same rate of interest granted by the MACT for the original compensation amount. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms