IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 MACA.No. 731 of 2008() ---------------------- APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- P.P.MATHEW, AGED 67 YEARS, S/O.PAILY, PARAYIL HOUSE, KURICHILAKODE KARA, KODANAD P.O., KUNNATHUNAD. BY ADV. SRI.R.SUDHISH RESPONDENT(S): --------------- 1. K.R.MOHANKUMAR, S/O.RAMAVARMA THIRUMULPAD, KALATHIL LAKSHMIPURAM KOTTA, IV/104, EDATHALA P.O., ALUVA. 2. A.A.SAJEEV, S/O.AYYAPPAN PILLAI, AMBALAKATTU HOUSE, WEST OF PERLY TEMPLE, EDATHALA P.O., ALUVA. 3. NATIONAL INSURANCE CO.LTD., BY ITS REGL. MANAGER, REGL. OFFICE, MUTHOOT TOWERS, M.G.ROAD, COCHIN-35. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO: 731 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th Day of August, 2009. JUDGMENT K. M. Joseph J. Since the insurance is admitted and the matter relates only for enhancement, we are not issuing notice to respondents1 and 2. 2. We heard the learned counsel for the appellant and the learned counsel for the Insurance company. 3. Learned counsel for the appellant would contend that the claim was for Rs.1,50,000/- and only an amount of Rs.31,191/- was granted. She would submit that the appellant suffered lacerated wound, left upper eye lid, lacerated wound 1 cm chin, tenderness, buttock and fracture neck of femur (L). The appellant was doing business in curry leaves. He suffered a disability of 40%, which was certified by the Medical Board. The learned M.A.C.A . NO: 731 OF 2008 :2: counsel for the appellant fairly conceded that, the certificate is not brought on record. There is no contention in the appeal also. She would contend that as a matter of fact, only because of a slip, it was not marked. She would also contend that appropriate amount of compensation was not paid towards loss of earning. 4. The learned counsel for the Insurance company supported the award. 5. We find that the appellant was 60 years of age at the time of the accident. No amount has been granted towards loss of amenity. We also took note of the circumstances that a copy of the medical certificate is made available to the learned counsel for the Insurance company, though it was not produced and proved, as such. Learned counsel for the Insurance company would point out that the percentage of disability is exaggerated and according to him the injury cannot be given rise to the said disability. Having regard to the facts of the case, we feel that in the interest of justice, M.A.C.A . NO: 731 OF 2008 :3: an amount of Rs.20,000/- more can be awarded. Accordingly the appeal is allowed and the appellant is allowed to realise an amount of Rs.20,000/- more along with interest of 7.5% from the date of petition till the date of realisation from the third respondent. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/