IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 11 of 2006() --------------------- OPMV.354/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S)/PETITIONER. ----------------------------------- K.ABDUL KHADER, S/O.HASSSANKUTTY, PLASANT HOUSE, KOLAKKATTU CHERI, P.O.MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): RESPONDENTS. --------------------------- 1. K.JANARDHANAN, S/O.P.VELAYUDHAKURUPPU, KUNNATH HOUSE, P.O. PURATHUR, TIRUR. 2. CHALATHARAYIL JUNAID, S/O.KUNHIBAVA, 25 YEARS, PURATHUR P.O.PURATHUR, AMSOM DESOM. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE C.K.H.BUILDING, THAZHEPALAM, TIRUR P.O. ADVS. SRI.M.SASINDRAN FOR R1 SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 11 OF 2006 --------------------------------------------------------- Dated this the 12th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation. We heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. Appellant prays for acceptance of disability certificate which was rejected by the Motor Accidents Claims Tribunal, Tirur. 2. Going by the nature of injuries, in the first place, it is very difficult to believe that the appellant has sustained permanent disability to the extent of 70%. Secondly, appellant is a retired person drawing pension from the University. Even though he claims to be re-employed after retirement in a tutorial college, he has not stated how his earning is affected on account of the minor injury sustained by him. Therefore, we do not find any ground to interfere with the award declining grant of compensation for permanent disability. However, considering the M.A.C.A. NO. 11/2006 2 hospitalisation and the injuries sustained by the appellant, we grant an additional compensation of Rs.10,000/- towards loss of amenities in life. The Insurance Company is directed to deposit the additional compensation granted by us with interest at the rate of 7.5 % per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO. 11/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 11/2006 JUDGMENT 12th November, 2008 M.A.C.A. NO. 11/2006 4