IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 216 of 2004() ---------------------- OPMV.367/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- K.C. SAROJINI, D/O. KUNHIRAMAN, AGED 40 YEARS, NOW NO OCCUPATION, FORMERLY WORKING AS BEEDI ROLLER, RESIDING AT KADUGOTH HOUSE, EAST PONNIAM P.O., THALASSERY. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): --------------- 1. M.K. RAJAGOPALAN, M.K. NIVAS, NETTOOR, P.O. NETTOOR, THALASSERY. 2. THE NEW INDIA ASSURANCE CO.LTD., MUNICIPAL SHOPPING COMPLEX, M.G. ROAD, THALASSERY. ADV. SRI.K.V.SOHAN FOR R1 SRI.KKM.SHERIF FOR R2 SRI.A.A.ZIYAD RAHMAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 216 OF 2004 -------------------------------------------- Dated this the 23rd day of October, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company and counsel appearing for the registered owner of the autorikshaw which knocked down the appellant on the road. Counsel for the appellant submitted that appellant suffered major head injury including fracture on her skull and was treated in the Medical College Hospital, where she underwent surgery. However, counsel appearing for the insurance company pointed out that appellant had ailments, previous records of which are also referred to in the award. Even though appellant would have been undergoing treatment for some problem, the same does not bar her from claiming compensation for the injuries sustained which are fairly grievous in nature. However, there 2 was no proof of income for the regular employment of the appellant, which led to fixation of compensation at low level. Considering the fact that appellant was otherwise a healthy woman of 35 years of age at the time of the accident, and having regard to the fracture of the skull and other serious injuries sustained by her, we enhance the total compensation from Rs. 42,000/- to Rs. 1 lakh with direction to the insurance company to deposit the additional compensation with interest at the rate of 7.5 per cent per annum from the date of application till date of deposit. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3