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 15TH OCTOBER 2008 / 23RD ASWINA 1930 MACA.No. 1179 of 2004() ----------------------- OPMV.737/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER: ------------------------ CHANDRAN, S/O. SANKARAPPAN, KUNDOOR HOUSE, P.O. URAKAM, THRISSUR. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS/RESPONDENTS: --------------- 1. BABU SURESH.K.P., KADAKKADATH HOUSE, ARATTUPUZHA, THRISSUR. 2. DINESH, S/O. ARAVINDAKSHA MENON, MANNAKKALATH HOUSE, ARATTUPUZHA, THRISSUR. 3. THE NATIONAL INSURANCE CO. LTD., VIGNESWAR BUILDING, NEAR OVER BRIDGE, 2/7 PUDUKKOTTU, THRUCHIRAPPILLY-620 020. ADV. SRI.JIJO PAUL FOR R1 & R2 SRI.LAL GEORGE FOR R3 SRI.G.ASHOK KUMAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1179 of 2004 .................................................................... Dated this the 15th day of October, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant on account of a motorcycle accident caused by the second respondent. The appellant claims to be a coconut climber and the injury left him a disability of 12%. Since the Doctor was not examined and since the broken bones united, MACT did not grant any compensation for permanent disability. Even though appellant may not have sustained a longstanding disability, we feel the injury would have made the appellant disabled from climbing coconut trees for atleast an year. In this case it is seen that the Insurance Company is given right to recover the compensation amount from the owner of the bike for causing the accident by driving the vehicle without a licence. In the circumstances, we allow the appeal in part by enhancing the total compensation from Rs.28,000/- to Rs.40,000/- with direction to the Insurance Company to deposit the amount with interest at 2 7.5% p.a. from date of application till date of payment and recover the same also from the owner of the vehicle in terms of the award. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms