IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MACA.No. 518 of 2003() ---------------------- OPMV.1532/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ----------------------------------- AVIRAH @ APPACHAN, S/O. ULAHANNAN, VALLIYELIL PADINJATTUMBHAGOMKARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM. BY ADV. SRI.P.RAVINDRA BABU RESPONDENTS/RESPONDENTS: --------------------------- 1. K.V.MATHEW, S/O. VARKEY, KANJIRAMKALAYIL, THELLAKOM P.O., KOTTAYAM. 2. NEW INDIA ASSURANCE COMPANY, ETTUMANOOR. ADV. SRI.MATHEW JOHN (K) FOR R1 SRI.SUJESH MENON V.B. FOR R1 SRI.N.S.MOHAMMED USMAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 518 OF 2003 --------------------------------------------------------- Dated this the 13th day of October, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. 2. We have heard counsel appearing for the appellant and Standing Counsel for the Insurance Company. Counsel for the Insurance Company opposed the claim for enhancement by contending that the accident itself, in the way stated by the appellant, is not proved. We find from the award that the case of the appellant that the accident happened while he was standing on the side of the road with another person was accepted by the Motor Accidents Claims Tribunal based on evidence. Since the Insurance Company has not filed appeal, it cannot now contend that the appellant was a passenger in a goods autorickshaw which was the case put forward before the Tribunal also. We, therefore, reject the contention of the M.A.C.A. NO.518/2003 2 Insurance Company. So far as the claim for enhancement of compensation is concerned, counsel for the Insurance Company rightly pointed out that there was no serious injury to the appellant such as fracture. However, since the appellant underwent treatment for twelve days in the hospital, we enhance the total compensation from Rs.6,500/- to Rs.10,000/-. We direct the Insurance Company to deposit this amount with interest at the rate of 7 1/2 % per annum from the date of application till date of payment. The appeal is disposed of as above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO.518/2003 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 518/2003 JUDGMENT 13th October, 2008 M.A.C.A. NO.518/2003 4