IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 MACA.No. 1252 of 2006() ----------------------- OPMV.3460/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLNAT/ PETITIONER. ------------------------------------ RAJESH, S/O. VASU, EDAPADAM HOUSE, THIRUVAZHIYAD P.O., NENMARA P.O., PALAKKAD DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS. --------------------------- 1. J.HANEEFA, S/O. IBRAHIM RAVOOTHAR, KOZHIKKAD, THIRUVAZHIYAD P.O., PALAKKAD DISTRICT. 2. A.KRISHNAN, S/O. AYYAPPAN, EDAPPADAM HOUSE, THIRUVAZHIYAD P.O., AYILOOR, PALAKKAD DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD., REP.BY DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, THRISSUR. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1252 OF 2006 -------------------------------------------- Dated this the 13th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. Appellant was only 16 years of age at the time of the accident. Even though 10 per cent permanent disability was certified by the doctor of the Medical College Hospital, who treated him, MACT rejected it because the doctor was not examined to prove the disability certificate. We do not find anything to reject the genuineness of the disability certificate more so because 10% disability certified does not appear to be exaggerated. We therefore grant compensation of Rs. 15,000/- under this head to the appellant which will carry interest at the rate of 7.5 per cent per annum from the date of application till date of payment. The insurance company will be entitled to recover the additional compensation also from the registered owner. 2 Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3