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 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 461 of 2004() ---------------------- OPMV.584/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S)/APPLICANT --------------------------------- SUMATHY D/O. GRACE REGULES, CHIRAKANATHU PUTHEN VEEDU, PULIYARAKONAM THURUTHUMOOLA MURI, VILAPIL VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. IBRAHIM P., SHAMEER MANZIL, HOUSE NO.1/517, PALLIVETTA, ARYANADU, NEDUMANGADU. 2. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO.LTD., TRIVANDRUM. ADV. SRI.NAGARAJ NARAYANAN FOR R1 SRI.RAJAN VELLOTH FOR R1 SRI.SAIJO HASSAN FOR R1 SRI.A.S.SABU FOR R1 SRI.A.G.GIRISH KUMAR FOR R1 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.461 of 2004 .................................................................... Dated this the 6th day of November, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant who was 65 years of age at the time of accident. Even though no disability certificate was produced, considering the fractures and the injury sustained by the appellant, MACT estimated disability at 4% and granted compensation. However, having regard to the injury sustained which would have led to temporary disability for work for a few months for the appellant who is a cooli and her suffering, we enhance the total compensation from Rs.20,300/- to Rs.30,300/- with direction to the Insurance Company to deposit the amount with interest at 7.5% p.a. from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge