IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 MACA.No. 757 of 2005() ---------------------- OPMV.181/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- KUTTAN, S/O. SUBRAMANYAN NAIR, RESIDING AT VILAKATHALA HOUSE, CHOWANNUR DESOM, CHOWANNUR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SRI.LEJU T.BALAN RESPONDENT(S): --------------- 1. SUKUMARAN NAIR, RESIDING AT JAYANTHI NIVAS, VADAYAR, VAIKOM. 2. VENUGOPALAN, S/O. NARAYANAN NAIR, RESIDING AT KELATHEDATHUVEETTIL HOUSE, KADANGODE VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. 3. UNITED INDIA INSURANCE COMPANY LIMITED, JOS TRUST BUILDING, CHITTOOR ROAD, COCHIN. ADV. SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.757 of 2005 .................................................................... Dated this the 28th day of August, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for the Insurance Company. Appeal is filed for enhancement of compensation. The appellant while working as a Cinema Operator in a theatre sustained injury in a motor accident. The MACT awarded a total compensation of Rs.80,000/- under various heads. The appellant's case is that income fixed is low and there was no justification for reducing permanent disability from 10% certified by the Doctor to 5%. After hearing both sides and after considering the nature of injury sustained by the appellant who was in the hospital undergoing treatment for around 45 days, we feel modification is called for in regard to compensation awarded for disability. We refix the percentage of disability at 7.5% as against 5% fixed by the MACT and increase the compensation awarded under this head from Rs.24,000/- to Rs.39,000/-. Similarly for pain and suffering, compensation is increased from Rs.10,000/- to Rs.15,000/-. Consequently the total compensation awarded is increased from Rs.80,000/- to Rs.1 lakh. The Insurance 2 Company is directed to deposit the additional compensation with interest at 7.5% p.a. from date of application till date of deposit. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms