IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 MACA.No. 1165 of 2008() ----------------------- OPMV.1232/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): -------------- LOILEST,AGED 31 YEARS,SON OF GILBERT, KOLIPARAMBIL HOUSE,KOTHADU P.O,SOUTH CHITTOOR, KANDANADU (VIA),KADAMAKUDY VILLAGE, KANAYANNOOR TALUK. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.MANJUSHA MOHANDAS SMT.ANILA PETER RESPONDENT(S): --------------- 1. M.K.SIVAPRASAD,S/O.KAMALAKSHY AMMA, SOORAJ VIHAR (MARATH),PERUVARAM P.O, PARAVUR,ERNAKULAM DISTRICT,PIN-683 513. 2. SALI,S/O.ABDUL KARIM,KUNNUMPURATHU HOUSE PURAYATH KARA,DESOM P.O,CHENGAMANADU VILLAGE. 3. NATIONAL INSURANCE COMPANY LIMITED, P.B.NO.25,MUNICIPAL SHOPPIING COMPLEX, NORTH PARAVUR,ERNAKULAM DISTRICT,PIN - 683 513. 4. UNITED INDIA INSURANCE COMPANY LIMITED, JOS TRUST BUILDING,P.B.NO.3644,CHITTOOR ROAD, KOCHI-682 035. ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ----------------------------------------------- M.A.C.A. No. 1165 of 2008 --------------------------------------------- Dated, this the 13th day of November, 2009 J U D G M E N T P.R. Raman, J. Appellant who while travelling in a motor cycle, a jeep came from the opposite direction in a rash and negligent manner with high speed and hit against the motor cycle as a result the appellant sustained serious injuries. Compensation was claimed under various heads. The Tribunal found that the negligence was on the part of the jeep driver. The jeep was covered with the valid policy of Insurance. An amount of Rs.1,46,180/- was awarded in all under various heads by way of compensation. 2. The only point for consideration regarding the adequacy of the compensation awarded. It is pointed out that the certificate from Medical Board assessing disability at 20% was not fully accepted without assigning any reason instead the Tribunal reduced the percentage of disability from 25 % to 10%. We find that the Tribunal was not justified in refusing to accept the certificate issued by the Medical Board. The certificate was also by the Medical Board of the MACA No. 1165 of 2008 2 Government hospital and in such circumstances and considering the nature of injuries sustained, we do not find any acceptable reason to justify the finding of the Tribunal in reducing the disability percentage. Hence we set aside that portion of the award reducing the disability to 10% instead the petitioner will be entitled to for compensation worked out based on the disability as assessed by the Board. If so, the appellant will be entitled for an additional compensation of Rs.64,800/- which will carry interest at the rate of 7% from the date of the petition till payment. The same shall be deposited within a period of two months. The appeal thus allowed as above. No cost. P.R. RAMAN, JUDGE P. R. RAMACHANDRA MENON, JUDGE dnc