IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MACA.No. 1787 of 2006() ----------------------- OPMV.99/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S)/PETITIONER: ----------------------------------- AMINAKUTTY, W/O. ABDULLA MOULAVI, PANDARATHODI MARVA HOUSE, P.O. VALIYAPARAMBU, (VIA) PULIKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA RESPONDENT(S): RESPONDENTS: --------------------------- 1. MUNNAS, S/O. MOHAMMED KUTTY, CHUNDAKKADAN HOUSE, MUTHUVALLUR P.O., MUNDAKKULAM (DRIVER). 2. N. SULFIKKER, S/O. M. MOOSA, AMINA MANZIL, KALOTH P.O., KONDOTY. (OWNER). 3. THE ORIENTAL INSURANCE CO. LTD., JASEELA COMPLEX, NILAMBOOR ROAD, MANJERI. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1787 OF 2006 --------------------------------------------------------- Dated this the 27th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation granted by the Motor Accidents Claims Tribunal, Tirur for the injury sustained by the appellant who was a house wife. We have heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. 2. The accident was caused by a bus hitting the appellant while she was walking on the road. Even though the appellant suffered injury to the left leg, no disability certificate was produced before the Tribunal. However, counsel appearing for the appellant produced disability certificate before this Court which shows that the appellant suffered 7% disability. Standing Counsel for the Insurance Company rightly submitted that the disability certificate cannot be accepted by this Court as such without giving notice and without opportunity to them. Considering the M.A.C.A. NO. 1787/2006 2 fact that disability is only 7% and since there is no proof of employment and earning, we feel grant of additional compensation will serve the purpose. Compensation granted by the Tribunal is Rs.41,000/- out of which Rs.16,000/- and odd is reimbursement of medical expenses. Admittedly, the appellant was in the hospital for 29 days. She appears to have continued the treatment as an outpatient for some more time. Obviously, the injury sustained by her was serious in nature, otherwise there would not have been hospitalisation for nearly a month for injury to the leg. Considering the claim of the appellant and the nature of the injury, we grant an additional compensation of Rs.20,000/- 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. 1787/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 1787/2006 JUDGMENT 27th November, 2008 M.A.C.A. NO. 1787/2006 4