IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MFA.No. 257 of 2001() --------------------- OPMV.487/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/PETITIONER: -------------- SMT.NAVAMI, W/O.DAVID, QUARTERS NO.G.1B POWER HOUSE, ALAPPUZHA. BY ADV. SRI.A.K.ALEX RESPONDENT(S): --------------- 1. MR.P.J.THOMAS, VETTIKATTY PARAYIL, NEENDOOR P.O., KOTTAYAM. 2. MR.THANKACHAN, S/O.YOHANNAN, MECHATTIKULATHIL VEETTIL, PATHAMUTTOM KARAYIL, PANACHIKKADU VILLAGE, KOTTAYAM. 3. THE MANAGER, ORIENTAL INSURANCE CO. LTD., KOTTAYAM. ADV. SRI.MATHEWS JACOB (SR.) FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.F.A. No.257 of 2001 .................................................................... Dated this the 13th day of October, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation for the injury sustained by the appellant in a motor accident. We have heard counsel appearing for the appellant and Senior counsel Mr.Mathews Jacob, appearing for the Insurance Company. Appellant at the time of accident was working as an Attender in the KSEB drawing a salary of little over Rs.6,000/-. Appellant's claim is that on account of fracture of bones of the left leg, she has suffered a permanent disability of 7% and therefore, she is entitled to higher compensation for permanent disability. Counsel appearing for the Insurance Company submitted that appellant's employment or prospects in service or earning is not affected on account of the accident. The appellant also has no case that the accident led to loss of employment or earning in salary or any reduction in prospects in employment. However, counsel for the appellant submitted that the permanent disability will affect her earning power even after retirement at the age of 55. He further submitted that most people retiring at 55 work 2 for a few years even after retirement and therefore, disability affects earning power. We find force in this contention. The MACT has granted compensation of only Rs.15,000/- under this head. We also notice that there is malunion of bones of the appellant and there is reduction of length of the leg by one centimetre. Considering all these, we enhance the total compensation from Rs.53,000/- to Rs.75,000/-. So far as interest is concerned, we feel the contention of the Insurance Company that 12% interest granted is high is tenable. We, therefore, reduce the interest to 9% p.a. on the total compensation amount including the additional compensation granted from date of application till date of payment. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms