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 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No. 1554 of 2005() ----------------------- OPMV.65/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- LAILABI, W/O.ABDUL RAHMAN, ALUMPARAMBIL HOUSE, VENGARA P.O. MALAPPURAM DISTRICT. BY ADV. SRI.V.E.ABDUL GAFOOR, MUHAMOOD T.T. SRI.A.MOHAMMED SAVAD RESPONDENT(S): RESPONDENTS. --------------------------- 1. MUNEERUL HAK.K. S/O.MOHAMMED, KOLATHUM THODI HOUSE, P.O.KEEZHUPARAMBU, AREACODE, MALAPPURAM DISTRICT, DRIVER KL 10H 1566 BUS. 2. P.K.KAMMADKUTTY HAJI, KALATHINGAL HOUSE, P.O.KEEZHU PARAMBA, VIA AREACODE, MALAPPURAM DISTRICT OWNER KL 10H 1566 BUS. 3. BABU.P. S/O.KUTTAMAN, VENGOTTUPIRAYIL, P.O.CHATHAMANGALAM R.E.C. CALICUT, DRIVER KL-10B, 1981 PICK UP VAN. 4. T.SATHISH KUMAR, S/O.SREEDHARAN, NAMBI PARAMBATH HOUSE, P.O.CHELOOR, R.E.C. CALICUT, OWNER KL 10 B1981, PICKUP VAN. 5. NATIONAL INSURANCE CO.LTD., PARCO TOWERS, P.M.TAJ ROAD, CALICUT 673 001, POLICY NO. 570300/1999/6303189 570301/1999/6708283. ADV. SRI.MATHEWS JACOB (SR.) FOR R5 SRI.P.JACOB MATHEW FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1554 OF 2005 -------------------------------------------- Dated this the 3rd day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. The case of the appellant is that compensation granted under various heads is inadequate. Appellant was only 43 years of age at the time of the accident and she had suffered fracture of both bones lower end of right forearm and lacerated injury on dorsum of right hand. Appellant had undergone treatment in the Hospital as inpatient for 24 days and was treated as outpatient on several occasions. Considering the nature of injury and consequent temporary disabilsity and sufferings, enhancement of total compensation will serve the ends of justice. We accordingly enhance the total compensation by Rs. 15,000/- with direction to the insurance company to deposit additional compensation with 7.5 per cent per annum from 2 the date of application till date of deposit. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3