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 MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 MACA.No. 1725 of 2006() ----------------------- OPMV.87/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV): --------------------------------------------- JOHNSON, KANDAMKULATHY HOUSE, KANJIRAPPILLY P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV): ------------------------------------- 1. VENU, S/O. DAMODARAN, KANAKATH HOUSE, KOODAPUZHA VIA., CHALAKUDY. 2. MANAGER, ORIENTAL INSURANCE CO. LTD., SOUTH JUNCTION, CHALAKUDY. ADV. SRI.VPK.PANICKER FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 1725 OF 2006 -------------------------------------------- Dated this the 1st day of June, 2009 JUDGMENT Ramachandran Nair,J. After hearing counsel for the appellant and standing counsel appearing for the insurance company we do not think there is any scope for enhancement of compensation. In the first place, we are of the view that falling of the appellant alone from the autorikshaw in which he was travelling when the driver applied brake indicates that there would have been excess load in the vehicle or he would have been sitting in a negligent manner throwing himself out of the vehicle. In any case there is no scope for enhancement of compensation. However, since interest granted at 6% per annum is very low, we enhance the interest to 7.5% per annum which will be payable on the entire compensation from the date of application till date of payment. Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 2