IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 MACA.No. 790 of 2005() ---------------------- OPMV.2135/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT ----------------------- LALAPPAN, CHETTISSERIL HOUSE, PANAMBALAM BHAGAM, ARPOOKARA. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): --------------- 1. C.P.JAYAPRAKASH @ PRAKASH, PARAPARAMBIL HOUSE, ITHITHANAM KARA, KURICHY. 2. MANIYAPPAN, KAPPAPARAMBIL HOUSE, KURICHY, CHANGANACHERRY. 3. THE UNITED INDIA INSURANCE CO.LTD., CHANGANACHERRY. R3 BY ADV. SRI.P.R.RAMACHANDRA MENON THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 790 OF 2005 -------------------------------------------- Dated this the 16th day of September, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel Sri. P.R. Ramachandra Menon appearing for the insurance company. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. We find that a total compensation of Rs. 35,660/- is awarded under various heads, even though Motor Accidents Claims Tribunal declined any compensation for permanent disability claimed by the appellant. Counsel for the appellant canvassed for grant of compensation for permanent disability based on medical certificate producede. Even though appellant was treated in Medical College Hospital for a minor head injury, certificate of disability produced by the appellant is from a doctor employed in a Primary Health Centre. In fact claim of loss of hearing at 40% certified by the doctor is based on a guess work made by him that the same is attributable to the accident. 2 We are in complete agreement with MACT that the certificate produced by the appellant is unreliable based on which no compensation can be awarded. Therefore we uphold the award of MACT in declining to grant compensation for permanent disability. However, having regard to the hospitalisation and treatment expenditure incurred by the appellant, we feel Rs. 1000/- awarded towards expenses for treatment is too low. We enhance the compensation under this head by another Rs. 4,340/- making the total compensation to Rs. 40,000/-. The insurance company is directed to deposit additional compensation with interest 7.5 % per annum from the date of application till date of deposit. Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3