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 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 804 of 2006() ---------------------- OPMV.856/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: ---------------------------- DEEPAK, S/O. LOHITHAKSHAN, PALLIKARA HOUSE, WADAKKANCHERY ROAD, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. P.N. CHANDRAN, S/O. NARAYANAN, PALLIAKARA HOUSE, P.O. KUNNAMKULAM, THRISSUR DISTRICT. 2. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, `U' BROTHERS BUILDING, GURUVAYOOR ROAD, KUNNAMKULAM. ADV. SRI. MATHEW JACOB SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.804 of 2006 .................................................................... Dated this the 7th day of October, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the serious injuries sustained by the appellant who was only 17 years of age at the time of accident. The accident led to hospitalisation of the appellant for around 5 months and even after protracted treatment, he is left with major disabilities including total loss of vision of one eye. The Doctor who certified permanent disability of 45% was also examined to prove the disability. Appellant could not pursue his studies is his case. On going through the award and after hearing the appellant and Standing Counsel for the Insurance Company, we feel enhancement is called for because the appellant's future is completely destroyed on account of the accident. Considering the loss and suffering, we enhance the total compensation by Rs.75,000/- with direction to the 2 Insurance Company to deposit the same with interest at 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms