IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 MACA.No. 2152 of 2006() ----------------------- OPMV.2368/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT : -------------------------- SATHEESAN, S/O. KARUNAKARAN, AGED 38, ENTHIVILAKAM PURAYIDOM, NEAR ALL SAINTS, BEACH P.O., THIRUVANANTHAPURAM. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENTS/RESPONDENTS: ---------------------------------- 1. B.DEVARAJAN, S/O. BALAKRISHNAN, T.C.31/359, CHACKAI, PETTAH, THIRUVANANTHAPURAM. 2. M/S. NEW INDIA ASSURANCE COMPANY LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, K.N.MATHEW BUILDING, GANDHARI AMMAN KOVIL ROAD, THIRUVANANTHAPURAM. R2 BY ADV. SRI.P.G.GANAPPAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2008, ALONG WITH MACA No.2153/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 2152 & 2153 OF 2006 -------------------------------------------- Dated this the 13th day of November, 2008 JUDGMENT Ramachandran Nair,J. Connected appeals are filed by injured for enhancement of compensation. We have heard common counsel appearing for the appellants and standing counsel appearing for the insurance company. 2. Even though claimants have a case that in the accident they have suffered injuries including damage to vertibra, both of them did not produce any disability certificate. It is also not clear from the medical records as to whether the appellants were treated as inpatient. Apparently the treatment was only as an out patient and the injury noticed is a wedge compression fracture of T12 in one case and minimal wedge compression fracture of L3 and lacerated injuries of small dimension in the other case. It is stated that there is calculation error in granting compensation in both the cases. While in one case, instead of granting Rs. 35750/- MACT by mistake granted an amount 2 of Rs. 36,250/-. Similarly in the other case as against Rs. 39750/- MACT has shown the amount as Rs. 41,250/-. Since both counsel agreed on the mistake, we order correction of the award with correct amount stated above. Even though evidence is not there about the nature of employment,income, etc., we feel the injury sustained by the appellant led to temporary disability and disemployment for some time. We therefore grant additional compensation of Rs. 10,000/- each to both the appellants with direction to the insurance company to deposit additional compensation with interest at 7.5 per cent per annum from the date of application till date of payment. Appeals are allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3