IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 1307 of 2004() ----------------------- OP(MV).603/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/(PETITIONER) ------------------------------------ POTTAMMAL MARIYUMMA W/O. POTTAMMAL ABDURAHIMAN, AGED 44 YEARS, R/O. POTTAMMAL HOUSE, P.O.VAZHAKKAD, VIA MAVOOR, MUNDU MUZHI, CALICUT DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): (RESPONDENTS) ---------------------------- 1. T.RAVEENDRANATHAN NAIR, S/O. V.V.APPU NAIR, AGED 40 YEARS, R/O. THAZHATHUKUZHIYIL HOUSE, P.O.VAZHAKKAD, MALAPPURAM DISTRICT, (THE DRIVER OF THE TAXI JEEP NO.KL-10/H-7864). 2. K.M.SAFFIYA W/O. P.ABDUL SAMAD, R/O. PALAKKAL HOUSE, P.O.PULIKKAL, PULIKKAL 673 637, VIA KONDOTTY, MALAPPURAM DISTRICT (THE OWNER OF JEEP NO.KL-10/H 7864). 3. THE UNITED INDIA INSURANCE COMPANY LTD. P.B.NO.192, DIVISIONAL OFFICE, SEEMA TOWERS, MAVOOR ROAD JUNCTION, CALICUT 673 001, (CNRO/100000 NO.230571 - VALID FROM 31-07-1999 TO 30-07-2000). ADV. SRI.P.SANKARANKUTTY NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No.1307 of 2004 ----------------------------------------- Dated this the 12th day of November , 2008 JUDGMENT Ramachandran Nair .J, This 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 appellant was 40 years old at the time of the accident. Even though the appellant did not produce any disability certificate before the M.A.C.T, the counsel submitted that the appellant is unable to work on account of the fracture of shaft of left femur, swelling and deformity of right thigh and other injuries sustained by him. The appellant has a case that all the medical bills are not reimbursed. It is seen that the M.A.C.T. has reduced around Rs.5,000/- from the medical bill amount on account of defects. Considering the nature of the injuries sustained by the appellant we feel slight enhancement is called for at least for temporary loss of earning capacity and loss of enjoyment in life etc. Therefore we enhance the total compensation to Rs. 50,000/-. We make it clear that the Insurance Company must pay interest at the rate of 7 ½ % per annum on the entire compensation from the date of application till the date of payment. This appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A. No. 1307 of 2004 ---------------------------- JUDGMENT 12th November, 2008