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 13TH OCTOBER 2008 / 21ST ASWINA 1930 MACA.No. 1113 of 2004() ----------------------- OPMV.1359/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- KARTHIKEYAN, S/O. KANNAN, NARIYATTIL HOUSE, EDAKULAM P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS: --------------------------- 1. CHAKKAPPAN P.T., S/O. THOMAS, PALATTI HOUSE, PARIYARAM P.O. 2. MANAGER, ORIENTAL INSURANCE CO., CHALAKUDY. 3. THOMAS, S/O. CHAKKAPPAN, PALATTI HOSUE, PARIYARAM P.O. ADV. SRI.M.JACOB MURICKAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1113 of 2004 .................................................................... Dated this the 13th day of October, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation for the injury sustained by the appellant in an accident. We have heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. The contention of counsel for the appellant is that appellant was only 27 years of age at the time of accident and the injury caused in the accident led to a disability of 14%. However, MACT has granted compensation for disability for period after retirement at the age of 60. Counsel for the appellant contended that compensation for percentage of disability should be granted during period of service also. This is opposed by Standing Counsel for Insurance Company stating that appellant after recovery continued his regular employment as a worker in the company and consequently there was no loss of earning power. Even though we find force in this contention, we feel enhancement is called for, for loss of earning during the period of treatment and for loss of enjoyment in life on account of the disability. Consequently we increase the total compensation 2 from Rs.60,500/- to rupees one lakh with direction to the Insurance Company to deposit the additional compensation with interest at 7.5% p.a. from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms