IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 MACA.No. 28 of 2004 --------------------- OPMV.1910/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/PETITIONER: --------------------------- MR.V.S.MOHAMMED, S/O.SAIDU MOHAMMED, ANWAR MANZIL, CHANDIROOR P.O. WARD NO.10, AROOR GRAMA PANCHAYATH, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.P.VIJAYARAGHAVAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. K.K.RAJAPPAN, S/O.KRISHNAKUNJU, KUTHAPPADY HOUSE, THAMMANAM P.O. ERNAKULAM. 2. RAMESH V.R. S/O.RAJAPPAN, VALIYATHARA HOUSE,EDACOCHIN, KOCHI 6. 3. THE ORIENTAL INSURANCE CO.LTD., REP. BY ITS BRANCH MANAGER, CULLEN ROAD, ALAPPUZHA. R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K. ABDUL REHIM JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No. 28 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2009 JUDGMENT RAMACHANDRAN NAIR,J The appeal is filed for enhancement of compensation for the serious injuries sustained by the appellant in a road accident. The vehicle driven by the appellant was a scooter which was insured with the 3rd respondent. MACT declared liability on insurer of the scooter and its insurer is ordered to pay compensation of Rs.1,33,293/-. Counsel for the appellant submitted that appellant had sustained serious head injuries and he had prolonged treatment in two specialty hospitals for fracture of skull, brain damage etc. We have seen the medical report which shows that the appellant has suffered post traumatic amnesia, behavioral abnormalities and post traumatic epilepsy, as a result of the brain damage. Of course, we are constrained to take note of the fact that if the appellant was wearing a helmet, probably he would have escaped unhurt. In any case, as the Insurance Company has not filed appeal, we do not think compensation should be declined on this ground. The MACA : 28/04 -:2:- appellant was aged 50 at the time of the accident and was a hotel owner. Even though injuries are serious, percentage of disability is not certified by the Doctor. However, considering the actual disability suffered by the appellant which is stated in the medical certificate produced, we grant an additional compensation of Rs.50,000/- for permanent disability and for loss of amenities in life, which will carry interest at the rate of 7.5% per annum from the date of accident till date of disbursement. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR, JUDGE C.K. ABDUL REHIM, JUDGE ttb