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 FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 MACA.No. 841 of 2004() ---------------------- OPMV.1032/1990 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/CLAIMANT -------------------------------- K.V.KRISHNAN S/O. KANNAN, VAYAKKARA AMSOM AND DESOM, P.O.PADIYOTTUCHAL BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): RESPONDENTS -------------------------- 1. K.K.V.VENUGOPAL, KARAKETHIL HOUSE, P.O.ARAVANCHAL, KANNUR DISTRICT. 2. KUNNATHODI RAMESAN S/O. NARAYANAN, KUNHIMANGALAM. 3. THE NEW INDIA INSURANCE COMPANY LTD., KANNUR. ADV. SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.841 of 2004 .................................................................... Dated this the 23rd day of January, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. Appellant's case is that the reduction of percentage of disability by the MACT is not tenable. However, Standing Counsel submitted that the documents produced by the petitioner were prima facie inadmissible and they were not proved through the authorities which issued it. Besides all these, we find from the medical certificate that the appellant was admitted in the Kanhangad Hospital for treatment on 26.8.1989, whereas the accident was more than a month prior to the said date. If the appellant had a serious disability of his hand, then we see no reason why he sat at home with such a major disability for one month. In fact if the complaint as projected in the medical report is true, then we are sure appellant would have gone for treatment earlier. In the circumstances, MACT rightly declined to believe the medical certificate as such. However, for the 2 temporary disability and suffering, we enhance the compensation by a further sum of Rs.5,000/- which will carry interest at 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms