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 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 MACA.No. 580 of 2006() ---------------------- OPMV.2481/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER IN OPMV --------------------------------------------- M.N.KARUNAKARAN, S/O.NARAYANAN, MOLATH VEEDU, VELOOR KARA, PUTHENCRUZ P.O.-682 308. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS I & 2 IN OPMV -------------------------------------- 1. N.SASI BHOOSHANAN, S/O.K.P.MENON, SR.ADMINISTRATOR OFFICER, COCHIN REFINERIES LTD.,AMBALAMUGAL. 2. THE ORIENTAL INSURANCE CO.LTD., TRIPUNITHURA. BY ADV. SRI.M.JACOB MURICKAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.580 of 2006 .................................................................... Dated this the 15th day of September, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. The appeal is filed for enhancement of compensation for the injuries sustained by the appellant. Counsel for the appellant contended that inspite of hospitalisation for 52 days, proof of which was produced before the MACT, the Tribunal took the number of days of hospitalisation as 18. We find some force in this contention because the medical certificate shows that the appellant was under treatment for 52 days. However, the hospital which treated the appellant did not issue any disability certificate and the discharge memo shows that the appellant was apparently normal. However, having regard to the long hospitalisation, we feel an enhancement of the total compensation is called for. We accordingly increase the total compensation from Rs.41,750/- to rupees fifty five thousand with direction to the second respondent-Insurance Company to deposit the additional compensation with interest at 7.5% p.a. from date 2 of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms