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 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 MACA.No. 984 of 2005() ---------------------- OPMV.815/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- XAVIER @ GOERGE JOSEPH, S/O.JOSEPH, PADINJAREKADUPPIL HOUSE, VELLOOR KARA P.O., PAMPADI VILLAGE, KOTTAYAM. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): --------------- 1. K.S.MATHEW, K.S.MATHEW & CO., M.L.ROAD, KOTTAYAM. 2. APPACHAN @ MATHAI, S/O.SCARIA, KOCHUVALLATU HOUSE, CHAMPAKKARA KARA, KARUKACHAL VILLAGE, KOTTAYAM. 3. THE NEW INDIA ASSURANCE CO.LTD., KANJIKKUZHI BRANCH, KOTTAYAM. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.984 of 2005 .................................................................... Dated this the 22nd day of September, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation. We have heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. Counsel for the appellant has produced copy of the discharge certificate issued by the Medical Board which shows the nature of injuries sustained by the appellant. According to him, compensation awarded is too low. However, counsel for the Insurance Company submitted that injuries are minor in nature and the damage sustained to the patella also was repaired and consequently there is no disability for the appellant who is stated to be an autorickshaw driver. Even though we are in agreement with the finding of the MACT that appellant is not entitled to any compensation for disability for want of proof, we feel some enhancement is called for, towards pain and suffering the appellant had. We, therefore, grant additional compensation of Rs.4,500/- making the total compensation to 2 Rs.25,000/-. The Insurance Company is directed to deposit the additional compensation with interest at 7.5% p.a. from date of application till date of deposit. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms