IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 MACA.No. 2164 of 2006() ----------------------- OPMV.470/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S)/PETITIONER; ----------------------------------- V.V.KANNAN, AGED 45 YEARS, S/O.CHIRUKANDAN, KUTTOOR P.O., M.M. BAZAR, KANNUR. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): RESPONDENT NO.3 ------------------------------ UNITED INDIA INSURANCE CO. LTD., PAYYANNUR. ADV. SRI.P.JAYASANKAR FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 2164 OF 2006 --------------------------------------------------------- Dated this the 19th day of November, 2008 JUDGMENT Ramachandran Nair, J. Heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. 2. The appellant's claim for enhancement of compensation for loss of earning and disability is not well founded because the injured is still in service as attender and will continue his employment until retirement. He will be earning salary while in service and will get pension for life. Inspite of the above, the Motor Accidents Claims Tribunal, Thalassery granted compensation to the appellant. Therefore, enhancement is not called for towards compensation for disability. However, considering the injuries sustained by the appellant and the suffering, we grant an additional compensation of Rs.10,000/- for loss of enjoyment in life. The Insurance Company is directed to deposit the additional compensation granted by us M.A.C.A. NO. 2164/2006 2 with interest at the rate of 7.5% per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO. 2164/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 2164/2006 JUDGMENT 19th November, 2008