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 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 MACA.No. 126 of 2005() ---------------------- OPMV.1468/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- PRADEEPAN. T.V., S/O. P.V. DAMODARAN NAMBIAR, 30 YEARS, VALIYA VEEDU, KOODALY AMSOM, MUTTANNUR DESOM, P.O. PATTANNUR, KANNUR DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): RESPONDENTS: --------------------------- 1. I.P. ANANDAN, S/O. NARAYANAN, THETTIYAD, KOODALY, P.O. KOODALY. 2. M. ROHINI, W/O. T.K. BALAN, P.O. MOUVANCHERY, KANNUR. 3. UNITE INDIA INSURANCE CO.LTD., BRANCH OFFICE, BROTHERS COMPLEX, THALASSERY ROAD, KANNUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 126 OF 2005 -------------------------------------------- Dated this the 25th day of September, 2008 JUDGMENT Ramachandran Nair,J. Even though appeal remains defective on account of failure to serve notice on respondent in the delay condonation petition, on going through the grounds stated in the affidavit in support of the petition, we are satisfied that appellant has made out sufficient and reasonable ground to condone the delay. Accordingly delay is condoned. We don't think there is any need to issue fresh notice because insurer is held liable to pay compensation and they have not filed appeal against the award. Therefore it is only a matter of considering increase of compensation that too marginally. Therefore we proceed to dispose of the appeal without issuing fresh notice. 2. On going through the award and after hearing counsel for the appellant, we feel some modification is called for because even though appellant has not sustained any serious disability, he had to undergo 2 treatment for the leg injury in the hospital as an inpatient for 20 days. His income fixed is only at Rs. 1200/- per month for the purpose of award of compenstion under loss of earning power. Considering the grounds raised we feel a lumpsum additional compensation will serve the ends of justice. We accordingly increase the total compensation from Rs. 36,200/- to Rs. 50,000/- with direction to the insurance company to deposit additional compensation amount with interest at 7.5 per cent 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