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 THURSDAY, THE 5TH FEBRUARY 2009 / '6TH MAGHA 1930 MACA.No. 1129 of 2004() ----------------------- OPMV.941/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- S.J.DEVASSIA, S/O. JOSEPH, AGED 40 YEARS, SRAMBIKKAL HOUSE, P.O.EDAPPUZHA, VALATHODE, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENT NO.3 ------------------------------ NEW INDIA ASSURANCE COMPANY LTD., KANNUR ADV. SRI.A.C.DEVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1129 of 2004 .................................................................... Dated this the 5th day of February, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. We have heard counsel for the appellant and Standing Counsel for the Insurance Company. Even though appellant claimed compensation for permanent disability at 19%, the same was not proved by examining the Doctor. Moreover, counsel for the Insurance Company submitted that after the short hospitalisation of the appellant for 14 days after the accident, there is no evidence about further treatment. Counsel for the appellant, however, submitted that appellant was admitted later in the Kasturba Medical College, Manipal for treatment for the damage to back bone. Considering the claim of the appellant, we feel appellant is entitled to some amount of compensation for disability, though not proved by examining the Doctor. We, therefore, grant additional compensation of Rs.15,000/- which will carry interest at 7.5% p.a. from date of 2 application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms