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 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 MACA.No. 1894 of 2006() ----------------------- OPMV.1847/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- K.R. PARAMESWARAN, AGED 55 YEARS, S/O.RAGHAVAN PILLAI, KALLARACKAL HOUSE, BMC P.O., THRIKKAKARA. BY ADV. SRI.VIVEK VARGHESE P.J. RESPONDENT(S): --------------- 1. MR.K.K. PANKAJAKSHAN PILLAI, `AISWARYA', KADAVANTHRA ROAD, PADIVATTOM, COCHIN-24. 2. SURESH BABU D., S/O.DAMODARAN PILLAI VADAKKE NADUVILAKKATTU HOUSE, WARD NO.7, THEVARVATTOM MURI, THAIKKATTUSSERY VILLAGE, CHERTHALA TALUK. 3. THE ORIENTAL INSURANCE CO.LTD., ENSIGN BUILDING, M.G. ROAD, COCHIN-11. R3 BY ADV. SRI.M.JACOB MURICKAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1894 OF 2006 -------------------------------------------- Dated this the 18th day of September, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation. Counsel for the appellant referred to the nature and extent of injury sustained by the appellant and submitted that compensation awarded is inadequate. However, standing counsel appearing for the insurance company submitted that based on the later decision of the Supreme Court appelant as a pillion rider is not entitled to any compensation. However, we do not think we should consider the liability of the insurance company in an appeal for enhancement of compensation when the insurance company itself has not filed any appeal. The appellant was a lineman in the Electricity Board and accident has not caused any reduction in rank or wages or prospects in employment. In other words, even after injury sustained by him, he continued to be employed and after retirement in the normal course will draw pension. 2 However, there is some force in the contention of the appellant that being a technical man serving the Electricity Board, there is some scope for employment after retirement. Considering this we grant additional compensation of Rs. 20,000/- under this head which the insurance company is directed to deposit with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3