IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 MACA.No. 193 of 2005() ---------------------- OPMV.986/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/CLAIMANT: ------------------------------------ YOOUNUS, S/O. MAKKAR, EDAPPARAYIL HOUSE, PEZHAKKAPPILLY KARA, PEZHAKKAPPILLY P.O., MULAVOOR VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.SUNIL JACOB JOSE RESPONDENTS: RESPONDENTS: ------------------------- 1. JOSHY, S/O. VARGHESE, MADAPPILLY HOUSE, ASAN PADY BHAGAM, PAZHANGANAD KARA, KIZHAKKAMBALAM. 2. M.D.GEORGE, S/O. DAVID M.V., MADAPPILLY HOUSE, PUKKATTUPADY, OORAKKAD, EDATHALA P.O., KUNNATHUNADU, ERNAKULAM DISTRICT. 3. NATIONAL INSURANCE COMPANY LIMITED, P.B.NO.6, KOLENCHERRY BRANCH, MEDICAL MISSION JUNCTION, KOLENCHERRY P.O., ERNAKULAM DISTRICT, PIN-682 311. 4. SHABU K.S., S/O. K.SUBRAMANIAN, KIZHAKKETHANUR, 9/189, PARAPPURAM, KANJOOR, ERNAKULAM DISTRICT. 5. NEW INDIA ASSURANCE COMPANY LIMITED, ANGAMALY. BY ADV. SRI.JOY GEORGE R3 BY ADV. SRI.E.M.JOSEPH R1 & R2 BY ADVS. SRI.M.K.DILEEPAN & SRI.DEEPAK T.NEDUNGADAN R4 BY ADV. SRI.C.A.CHACKO THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 193 OF 2005 -------------------------------------------- Dated this the 27th day of August, 2008 JUDGMENT Ramachandran Nair,J. This appeal is filed for enhancement of compensation awarded for the injury sustained by the appellant in a road accident. Counsel for the appellant submitted that inspite of 12% permanent disability certified by the doctor, the MACT has not awarded any amount. Counsel for the Insurance Company submitted that disability was temporary and MACT has awarded four months loss of wages to the appellant treating his income as Rs. 1500/- per month. We cannot find fault with the award of the MACT in disallowing compensation for permanent disability because appellant claims to be driver by profession and is said to be engaged in the same profession. Of course the injury caused including fracture on his leg would be causing some discomfort in discharge of his job. Further, we notice that appellant was intermittantly in hospital for around 40 days and he underwent 2 treatment for removal of metal fixation, and later he was subjected to physiotherapy. Considering the disability certified by the doctor, we feel appellant is entitled to compensation towards partial permanent disability. However, since appellant is still working as driver in an autorikshaw, we fix the compensation for loss of earning at Rs. 25,000/- which will be deposited by the insurance company in addition to the total compensation awarded by MACT with interest at 7.5% from the date of application till date of deposit. Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3