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 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 MACA.No. 1373 of 2004() ----------------------- OPMV.302/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- JOSEPH CHACKO @ SABU, S/O. CHACKO, MOOLATHAPALLY HOUSE, KAMAKSHI KARA, DOUBLE CUTTING. BY ADVS. SRI.C.M.TOMY SRI.MATHEW SKARIA RESPONDENT(S): RESPONDENTS: --------------------------- 1. JOSE, S/O. JOSEPH, PAIKADA HOUSE, THUDANGANATTU KARA, MUTTOM VILLAGE, THODUPUZHA TALUK. 2. VALSAMMA, W/O. JOSE, PAIKADA HOUSE, THUDANGANATTU KARA, MUTTOM VILLAGE, THODUPUZHA TALUK. 3. UNITED INDIA INSURANCE CO. LTD., THODUPUZHA. ADVS. SRI.SUNNY XAVIER FOR R1 & R2 SRI.P.R.RAMACHANDRA MENON FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1373 OF 2004 --------------------------------------------------------- Dated this the 4th day of December, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident and also for the damage caused to his vehicle. We have heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. Counsel for the appellant contended that the appellant suffered serious injuries including fracture to two ribs. But, we find that the appellant was in the hospital only for six days and he has not suffered any permanent disability. However, considering the fact that the appellant was disabled at least for a few months, we enhance the compensation by a further sum of Rs.10,000/- which will carry interest at the rate of 7.5% per annum from the date of application till date of payment. 2. Even though counsel prayed for enhancement of compensation for the damage caused to the vehicle, we feel Rs.20,000/- granted by the M.A.C.A.NO.1373/2004 2 Tribunal towards damages is quite reasonable. We, therefore, reject the claim under this head. Appeal is allowed in part as above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A.NO.1373/2004 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 1373/2004 JUDGMENT 4th December, 2008