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 TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 MACA.No. 576 of 2004(G) ----------------------- OPMV.1360/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- VASUDEVAN, S/O. VELAYUDHAN, RESIDING AT POOLAKKAL HOUSE, PUTHIRITHARA, PASHAYANNUR, THRISSUR. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SMT.G.GEETHISHA RESPONDENT(S): --------------- 1. A.HAMSA, S/O. BAPPU, RESIDING AT ALINGAL HOUSE, KURUMBATHUR, MALAPPURAM. 2. HAKKEEM, S/O. ABDUL RAHIMAN, RESIDING AT PATHUKUDI, MOOVARIKUNDU, CHALAKKARA, THRISSUR. 3. THE NATIONAL INSURANCE COMPANY LTD., BRANCH MAVOOR ROAD, CALICUT. ADV. SRI.C.A.CHACKO FOR R2 SMT.C.M.CHARISMA FOR R2 SMT.SONIYA.M FOR R2 SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.576 of 2004 .................................................................... Dated this the 20th day of January, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel appearing for the appellant and Standing Counsel for the Insurance Company. On going through the award and after hearing the parties, we feel enhancement is called for, for compensation for permanent disability which is certified by the Orthopedic Surgeon at 12%. It is seen that MACT has awarded a compensation of Rs.25,000/- under this head. Even though there may be a little exaggeration about the percentage of disability certified, we feel compensation should be granted by taking into account disability atleast at 10%. Going by the income estimated by the MACT, appellant will get an additional amount of Rs.18,200/- towards compensation for disability. Considering the age, suffering and the disability, we grant an amount of Rs.10,000/- towards compensation for loss of enjoyment and amenities in life. The additional compensation of Rs.28,200/- granted by us will carry interest at 7.5% 2 p.a. from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms