IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 MACA.No. 132 of 2006() (O.P. (MV) NO. 926 OF 2000 OF THE MACT, THODUPUZHA) ---------------------- APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- JAYASANKER, S/O. MUNIYANDI, AGED 35, RESIDING AT CHOTTUPARA ESTATE CHOTTUPARA KARA, PERIYAR VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT. BY ADV. SRI.P.C.CHACKO(PARATHANAM) RESPONDENT(S): --------------- 1. GRAMA PANCHAYAT SECRETARY, KUMILY GRAMA PANCHAYAT, KUMILY P.O., KUMILY VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT. 2. BRANCH MANAGER, ORIENTAL INSURANCE CO.LTD., KANJIRAPPALLY P.O., KOTTAYAM DISTRICT. ADV. SRI.S.MAMMU FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. -------------------------------------------- M.A.C.A. No. 132 OF 2006 -------------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT Ramachandran Nair,J. Even though counsel for the Kumily Panchayath submitted that he has relinquished vakkalath, we do not think the case should be adjourned to enable the Panchayath to engage another counsel because we do not propose to enhance the compensation awarded against the Panchayath. On going through the award, and after considering the claim of the appellant, we find that reasonable compensation is awarded for the injuries sustained by the appellant in the accident. Neither the percentage of disability accepted by the MACT nor the compensation awarded under various heads calls for modification. However, we increase the interest payable from 6% to 7.5% which should be paid from the date of application till date of deposit. Appeal is allowed only to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. 2