IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 MACA.No. 20 of 2006() --------------------- OPMV.1051/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- BIJU, S/O.KORAH, MANAGALATH HOUSE, RAMAMANGALAM KARA, RAMAMANGALAM P.O. RAMAMANGALAM VILLAGE. BY ADV. SRI.T.K.KOSHY SRI.JOSWIN THAMBI KUNNATH RESPONDENT(S): RESPONDENTS. --------------------------- 1. PETER, S/O.VARGHESE, CHERUVILPUTHENPURAYIL HOUSE, KINIGINI MATTOM KARA, AIKKARANADU SOUTH VILLAGE. 2. K.VENUGOPALAN, KOLLATHU HOUSE, KODUVAZHANGADU, ALUVA. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., MUVATTUPPUZHA BRANCH. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. .................................................................... M.A.C.A. No.20 of 2006 .................................................................... Dated this the 24th day of March, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant. We have heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. Even though disability certificate was not produced before the MACT, counsel produced various medical certificates towards proof of protracted treatment undergone by the appellant in the course of nine months after the accident which led to injury to the pelvis and to the urinary system. Standing Counsel for the Insurance Company submitted that appellant has not produced any permanent disability certificate and even though claims to be suffering from impotency and other problems, he was later married and has got a child. However, considering the long treatment, the surgeries underwent and other suffering of the appellant, we feel he would have suffered loss in earning power, even though not certified by any Doctor. Considering 2 the claims under various heads, we enhance total compensation by a sum of Rs.50,000/- which will carry interest at 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge K.SURENDRA MOHAN Judge pms