IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 MACA.No. 1043 of 2006() ----------------------- OPMV.3783/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- I.K.GEORGE, AGED 58 YEARS, SON OF KURIAN, ILLIKKAL HOUSE, KARINGACHIRA, HILL PALACE P.O., TRIPUNITHURA. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.MANJUSHA MOHANDAS RESPONDENT(S): RESPONDENTS. --------------------------- 1. T.K.RAJAN, THOKALADAYIL HOUSE, KADUNGAMANGALAM P.O., THIRUVANKULAM. 2. M.D.SANTHOSH, S/O.DIVAKARAN, MALAYIL HOUSE, THIRUVANKULAM. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, TRIPUNITHURA. ADV. SRI.T.B.THANKAPPAN FOR R1 SMT.P.V.RADHAMANI FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1043 of 2006 .................................................................... Dated this the 5th day of August, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the damage suffered to appellant's building. We have heard counsel appearing for the appellant and have gone through the award. It is seen that the occupant of one of the rooms who was a claimant in a connected case, accepted the award. Even though appellant claims that the compensation awarded is inadequate, appellant has not produced any evidence towards proof of repair cost incurred by him. Admittedly building has suffered only peripheral damage and the MACT has granted total compensation of Rs.50,500/- together with cost. However, considering the Survey Report which shows the nature of damage, we enhance the compensation by a further sum of Rs.5,000/- 2 which will carry interest at 7.5% p.a. from date of claim petition till date of payment. Appeal stands allowed in part as above. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms