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 20TH OCTOBER 2008 / 28TH ASWINA 1930 MACA.No. 284 of 2004() ---------------------- OP(MV).405/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- SALIM T.K. @ NAJEEV, VENCHANKAL HOUSE, ERATTUPETTA P.O. BY ADV. SRI.K.SURENDRA MOHAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. V.M.NOUSHAD, VENCHANKAL HOUSE, ERATTUPETTA P.O. 2. T.K.KRISHNANKUTTY, THAKIDIKALAYIL HOUSE, KANAKKERY P.O. 3. THE NEW INDIA ASSURANCE CO. LTD., KOTTAYAM. ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN C.M.APPLICATION NO. 478/2004 IN M.A.C.A. NO. 284 OF 2004 ALLOWED SD/- C.N.RAMACHANDRAN NAIR, JUDGE SD/- HARUN-UL-RASHID, JUDGE es C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No.284 of 2004 ----------------------------------------- Dated this the 20th day of October, 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation. Since the appellant prays enhancement in the claim for compensation for loss of earning which was not granted by the M.A.C.T, we directed the appellant to produce a disability certificate from the Doctor. As directed by us, the appellant is also present in person. We have heard counsel appearing for the appellant and Sri.M.Jacob Murickan appearing for the Insurance Company. On seeing the appellant, we find that he has suffered a skull fracture. When questioned by us, he has stated that he has health problems such as giddiness, loss of memory and loss of stability etc. On going through the medical certificate and after hearing the appellant, we are satisfied that there is substantial erosion of his health and his disability is more or less of a permanent nature. The Professor & Head, Department of Neurology, attached to Medical College, Kottayam has certified permanent disability at 8%. We have perused the medical certificate produced by the appellant. Since this is not part of the records we mark this medical certificate as Ext. A13 . The registry is directed to forward Ext.A13 to keep the same along with other records in M.A.C.A. No. 284 of 2004 -2- the M.A.C.T , along with a copy of this judgment. Considering the extent of disability, protracted treatment which the appellant underwent, his physical condition and the fact that he was only 27 years of age at the time of accident, we grant an additional compensation of Rs. 1,00,000/- to the appellant with a direction to the Insurance company to deposit the said sum with 7 ½ % interest per annum from the date of application till the date of realisation. The appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A. No. 284 of 2004 ---------------------------- JUDGMENT 20th October , 2008