IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 MACA.No. 628 of 2006() ---------------------- OPMV.292/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/CLAIMANT: ------------------------- SHIBU, S/O. PETER, MARUTHANAMKUNNEL (H), EDAMARUKU KARA, UDUMBANOOR VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. SHINTO ALIAS BIJU, S/O. THOMAS, KUDAKANAL HOUSE, UDUMBANOOR KARA, EZHANIKOOTAM BHAGOM, THODUPUZHA TALUK. 2. THE ORIENTAL INSURANCE CO. LTD., MUVATTUPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 628 OF 2006 -------------------------------------------- Dated this the 18th 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 suffered damage to his spleen and consequently it was removed. Except surgical procedure underwent for removal of spleen, there is nothing to indicate that accident led the appellant disabled in any way. However, we notice that appellant was in the hospital for more than two weeks. Being a coolie he has to take long time rest for recoupment. Considering all these aspects, we enhance the total compensation by a further sum of Rs. 12,000/- making the total compensation at Rs.60,000/-. Additional compensation will carry interest at 7.5 per cent per annum from the date of application till date of payment. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 2