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 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 MACA.No. 329 of 2005() ---------------------- OPMV.1252/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/3rd RESPONDENT: --------------------------------- NATIONAL INSURANCE COMPANY LIMITED, UDUPL NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, AJAY VIHAR, KOCHI-16. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT/PETITIONER: ------------------------------ HAREENDRA @ HAREENDRAN, S/O.KUNHIRAMAN, "SREYAS NIVAS", KAVINMOOLA, MAMBA P.O., ANJARAKANDY, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 329 OF 2005 -------------------------------------------- Dated this the 13th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed by insurance company challenging the award of compensation to the respondent who was awarded compensation for the injuries sustained by him in a road accident. We have heard standing counsel appearing for the appellant, and counsel appearing for the respondent. 2. Counsel for the insurance company raised a valid point that disability certificate obtained and produced by the respondent was issued by the doctor before recoupment after treatment. Counsel submitted that considering the nature of injuries and the quality of treatment received by the respondent, permanent disability certified at 36% is quite high. An accident causes temporary disability. However, after effective treatment, temporary disability in the normal course should disappear or at least gets reduced. In fact permanent disability MACA : 329/2005 2 should be certified only after the patient is given full treatment and after patient recoupes to the extent possible. In fact in the normal course, we should refer the respondent for examination by another Medical Board because permanent disability certificate was issued without waiting for result of full treatment. However, we feel no purpose will be served by sending the respondent for examination by another Medical Board because even if percentage of disability is reduced we will have to certainly consider enhancement of income because as against claim of Rs. 6,000/- as monthly income by the respondent, MACT accepted only Rs. 3,000/- for want of evidence. We do not think any evidence is required to estimate reasonable income from the nature of business carried on by the respondent, who is a dealer in ration articles at the retail level. Even though we uphold in principle the contention of counsel for the insurance company that disability certificate issued before completion of treatment and before results of treatments are fully revealed is unacceptable, we do not consider this as a fit case for again referring the respondent for examination by a Medical Board for the reasons stated above. MACA : 329/2005 3 Therefore there is no scope for reduction of compensation awarded by MACT. However, we feel interest granted at 9% per annum is quite high because rate of interest granted in similar cases ranges from 6 to 7.5%. We therefore reduce the interest from 9% to 7.5% from the date of application till date of deposit. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk MACA : 329/2005 4