IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 MACA.No. 2173 of 2005() ----------------------- (AGAINST THE JUDGMENT IN OP OPMV.261/1998 DATED 01/03/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA) .................... APPELLANT(S): APPELLANTS/3RD RESPONDENT --------------------------------------- THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., KALPETTA BRANCH, KALPETTA, REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, ERNAKULAM. BY ADV. SRI.N.S.MOHAMMED USMAN RESPONDENT(S): PETITIONER, IST & 2ND RESPONDENTS ------------------------------------------------ 1. RAMANKUTTY, S/O.CHENNAN, PANACHIKKAL HOUSE, KUPPAKOLLY, AMBALAVAYAL, S.BATHERY TALUK, WAYANAD DISTRICT. 2. K.P.BABU, S/O.PARAMESWARAN NAIR, KODIKULATH HOUSE, P.O.KUMBALERI, S.BATHERY TALUK, WAYANAD DISTRICT. 3. GEETHESH.C.P, S/O.NARAYAN, CHOLAYAMPARA HOUSE, KITTIKAITHA.P.O, AMBALAVAYAL, S.BATHERY TALUK. ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) FOR R1 SRI.GEORGE VARGHESE KIZHAKKAMBALAM FOR R1 SRI.R.RAJESH KORMATH FOR R2 & 3 SMT.PREETHY KARUNAKARAN FOR R2 & 3 SMT.M.R.MINI FOR R2 & 3 SMT.MEENA.A. FOR R2 & 3 SRI.JAYKAR.K.S. FOR R2 & 3 SRI.V.S.ROBIN FOR R2 & 3 SMT.SANJANA R.NAIR FOR R2 & 3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MACA NO.2173/2005 ORDER ON I.A.NO.3713/2005 IN MACA NO.2173/2005 DISMISSED. SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) 02/09/2008 SD/- (V.K.MOHANAN, JUDGE) //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. No. 2173 of 2005 --------------------------------- Dated, this the 2nd day of September, 2008 J U D G M E N T Ramachandran Nair, J. The appeal is filed by the Insurance Company challenging the quantum of compensation awarded to 1st respondent, who suffered injury to the patella of his left leg when a tempo insured by the appellant knocked down the respondent. 2. We have heard learned standing counsel for the appellant and learned counsel appearing for 1st respondent. 3. Learned counsel for the appellant gave a copy of the disability certificate issued by the doctor to 1st respondent, which shows that disability is only 10%. As against this, MACT assumed disability at 50% and determined the compensation for loss of earning power at Rs.60,000/-. Besides this, the MACT appears to have believed hospitalization of the respondent for 30 days. The doctor has stated in the certificate that 1st respondent is under treatment in the hospital as an inpatient only for six days. However, learned counsel for 1st respondent submitted M.A.C.A.No.2173/2005 -2- that respondent has difficulty to walk even now and he is not able to do any work. The respondent is of around 72 years of age now and even on account of age, he may not be able to do regular work, particularly, strenuous work like rubber tapping. Since the disability determined by MACT is far in excess of percentage of disability certified by the Doctor, we feel, reduction is called for in the compensation awarded for disability. We, therefore, reduce the compensation for disability to Rs.35,000/- as against Rs.60,000/- awarded. The appeal will stand allowed to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg