IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 MACA.No. 2127 of 2006() -------------------------------- OPMV.619/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA ..................................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV) ---------------------------------------------------------------------------- SOORYAN, S/O.VELAYUDHAN, PANDARAPARAMBIL HOUSE, MANAKULANGARA P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------------------------------- 1. C.K.THILAKAN, CHITTIYATH HOUSE, KODASSERY P.O. 2. MANAGER, UNITED INDIA INSURANCE CO.LTD., THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.Ramachandran Nair & P.N.Ravindran, JJ. ==================================== M.A.C.A.No.2127 of 2006 ===================== Dated this the 9th day of January, 2009. JUDGMENT Ravindran,J. The appeal is filed for enhancement of compensation for the injuries sustained by the appellant. We have heard the learned counsel appearing for the appellant and have gone through the disability certificate. Considering the serious nature of the injuries sustained by the appellant, particularly the loss of frontal bone, we do not think, there is any justification for the Motor Accidents Claims Tribunal to have reduced the appellant's disability certified by the Doctor from 43% to 10%. On going through the nature of the injuries and the long period of hospitalisation for more than five months, and the disability certified by the Doctor, we fix the percentage of disability at 40%. This will entitle the appellant for compensation for disability of Rs.1,15,200/- as against Rs.28,800/- granted by the Tribunal. Besides this, considering the age of the appellant who was only 35 years at the time of accident, we feel some enhancement is called for, for loss of amenities and enjoyment in life. We enhance the compensation under this head from Rs.5,000/- to Rs.15,000/-. The additional compensation of Rs.96,400/- granted by us MACA 2127/06 -: 2 :- will carry interest at the rate of 7.5% per annum from the date of application till date of deposit. The appeal is partly allowed. C.N.Ramachandran Nair, Judge. P.N.Ravindran, Judge. ess 17/1