IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L. JOSEPH FRANCIS WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 MACA.No. 931 of 2006 A ---------------------- OPMV.1505/1998 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S):CLAIMANT. ------------------------------------- C.R.DAMODARAN, AGED 53 YEARS, S/O.RAMAN ELAYATH, CHENDAMANGALATH ILLAM, EROOR WEST P.O. TRIPUNITHURA. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): RESPONDENTS. ------------------------------------------------- 1. V.A.BEERAN, VADUKKEVEETTIL HOUSE, MASJID ROAD, PALARIVATTOM, KOCHI 25. 2. B.SELVA RAJ, S/O.BALACHANDRAN, PLOT NO. O. KUDUMBI COLONY, S.T.P.JUNCTION, ELAMKULAM. 3. UNITED INDIA INSURANCE CO.LTD., BY ITS MANAGER, M.T.P.C.OFFICE, VETTUKATTIL BUILDINGS, M.G.ROAD, COCHIN 16. ADV. SRI.A.A.MOHAMMED NAZIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED FOLLOWING: K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. -------------------------------------------------- M.A.C.A. NO. 931 OF 2006 A --------------------------------------------------- Dated this the 1st July, 2009 JUDGMENT K.M.Joseph, J. Appellant is the claimant. He suffered injuries in a motor accident. The tribunal has awarded a total sum of Rs.58,000/=with interest at 7.5 per cent from the date of the petition till realisation. 2. We heard the learned counsel for the appellant and also the learned counsel appearing on behalf of the third respondent Insurance Company. Learned counsel for the appellant would submit that Disability Certificate was produced for 15 per cent. The Doctor was not examined, it is pointed out. But, no amount was awarded towards disability. It is further contended that the appellant has produced salary certificate showing the income as MACA.931/06 A 2 Rs.2,500/= per month, but only Rs.1,500/= per month is taken. 3. Learned counsel for the Insurance Company would point out that there is good reason for the tribunal not to award any compensation towards disability. He read out the finding of the tribunal that the appellant is even now working in the theatre without any salary deduction. It is also discarded for the reason of discharge summary produced. However, we notice that after retirement, the appellant can be expected to suffer the very same disability. This was not taken into consideration. We further notice the contention of the appellant that no amount was awarded towards future medical treatment. Having regard to all facts, we feel that a lumpsum amount of Rs.20,000/= more can be awarded in favour of the appellant. Accordingly, the Appeal is partly allowed and the appellant is allowed to realise a sum of Rs.20,000/= more with interest at 7.5 per cent from the date of MACA.931/06 A 3 petition till the date of realisation from the third respondent. Sd/= K.M. JOSEPH, JUDGE Sd/= M. L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge