IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 30TH JULY, 2008 / 8TH SRAVANA, 1930 MACA.No. 770 of 2004 (OPMV.740/2000 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR) .................... APPELLANT/PETITIONER: ------------------------------- SMT.MOLLY DAVIS, W/O.DAVIS, R/A. AT THOMMANA HOUSE, MANNAMPETTA, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SMT.G.GEETHISHA RESPONDENTS/RESPONDENTS: -------------------------------------- 1. T.C.SUKUMARAN, S/O.CHATHANPPAN, R/A. THOPPIL HOUSE,ALOOR P.O. CHALAKKUDY, THRISSUR DISTRICT. 2. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH ALANGADAN BUILDING, TANA, IRINJALAKUDA, THRISSUR DISTRICT. BY ADV. SRI.A.R.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No. 770 of 2004 - G --------------------------------------------- Dated this the 30th day of July, 2008 J U D G M E N T Ramachandran Nair,J: The main ground of challenge against the award is that the disability certified by the Doctor is not taken into account by the Motor Accidents Claims Tribunal. However, counsel for the Insurance Company submits that the M.A.C.T. had awarded a reasonable compensation under all heads claimed by the appellant. 2. After having considered the injury sustained by the appellant who was only 35 years of age at the time of accident, we enhance the compensation for loss of earning and amenities in life from Rs.40,000/- to Rs.50,000/-. No other enhancement is required. The appeal is allowed to the above extent with a direction to the insurance company to deposit additional compensation with interest at the rate of 7.5% from the date of application till the date of realisation. C.N.RAMACHANDRAN NAIR, Judge V.K.MOHANAN, MBS/ Judge WP(C) NO. :-2-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- I.T.A.NO. 81 OF 2000 ------------------------------------ WP(C) NO. :-3-: J U D G M E N T DATED:17-6-2008 WP(C) NO. :-4-: