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. 925 of 2004() ---------------------- OPMV.58/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- DILEEP KUMAR V.K., S/O. DASAN, AGED 41 YEARS, VELLUVAKANDAY HOUSE, KADIROOR AMSOM, PONNIAM DESOM, P.O. WEST PONNIAM. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENT NO.6: ------------------------------- THE NEW INDIA ASSURANCE CO. LTD., THANIKKAL BUILDING, MAIN ROAD, OTTAPPALAM. ADV. SRI.A.C.DEVY 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.925 of 2004 .................................................................... Dated this the 6th day of October, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. Accident happened due to collision between two vehicles. Appellant was an employee of a tourist vehicle and the offending vehicle is a trucker and against which and it's insurer the award is passed. We have heard counsel for the appellant and Standing Counsel for the Insurance Company. 2. On going through the award we find that the appellant did not produce full details pertaining to his treatment, injury and ability to work after recovery. However, disability certified by the Doctor at 20% is reduced to 10% by the MACT which is strongly opposed by counsel for the appellant. Injury appears to be to the sections of the back bone. The appellant was treated in a fairly reputed hospital namely, Kasturba Hospital, Manipal. We feel the percentage of disability certified by the Hospital should not have been reduced by 2 50% by the MACT. However, considering the possibility of a little exaggeration, we grant an additional compensation of Rs.25,000/- which will carry interest at the rate of 7.5% from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms