IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 MACA.No. 635 of 2005() ---------------------- (AGAINST THE AWARD IN OPMV.394/2003 DATED 24/01/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM) .................... APPELLANT / PETITIONER : -------------------------- FAMIDHA, W/O.SAIDHALAVI, THAZHATHETHIL HOUSE, KOTHAKKURUSSI, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH SRI.P.P.SURESHKUMAR RESPONDENT / 3RD RESPONDENT : ------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, JRJ COMPLEX, OTTAPALAM, PALAKKAD DISTRICT. BY ADV. SRI.A.C.DEVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. No.635 of 2005 --------------------------------- Dated, this the 27th day of August, 2008 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the appellant and learned standing counsel appearing for the Insurance Company. 2. The appeal is filed for enhancement of compensation awarded under various heads to the appellant, who sustained injury in a motor accident. Learned counsel for the appellant submitted that at the time of accident appellant was only 31 years of age and was married. After the accident, she has suffered permanent disability and doctor reported that she is not able to walk even on ground. However, MACT limited the disability to 10%. Learned standing counsel appearing for the Insurance Company submitted that in medical certificate disability is not certified as a permanent one. The doctor has only stated about the condition of the appellant at the time of issuing the certificate. We find some force in this contention because probably the doctor expects recovery in the course of time and so much so disability noticed was not a permanent one. Even though compensation was awarded under MACA No.635/2005 -2- various heads claimed, we feel appellant is entitled to enhancement of compensation for loss of enjoyment in life and towards cost of future treatment. Considering the condition of the appellant, which requires further treatment, we grant further some of Rs.10,000/- towards future medical expenses. Similarly for loss of enjoyment in life appellant is granted an additional compensation of Rs.10,000/-. The Insurance Company is directed to deposit the additional compensation with interest @ 7.5% per annum from the date of application till date of deposit. The appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg