IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 MACA.No. 567 of 2007() ---------------------- OPMV.89/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): -------------------------------------------- ANTO JOSE, S/O.JOSE, VEZHAPARAMBIL HOUSE, RESIDING AT KOTTATT DESOM, WEST CHALAKUDY, KOTTATT P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS 1 TO 3 IN OP(MV) ------------------------------------------- 1. MARY ANTONY, PADINJAKKARA HOUSE, KUTTICHIRA P.O. 2. JOSE, S/O.ANTONY, PADINJAKKARA HOUSE, KUTTICHIRA P.O. 3. MANAGER, ORIENTAL INSURANCE CO.LTD., SOUTH JUNCTION, CHALAKUDY. ADV. SRI.VPK.PANICKER FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No. 567 of 2007 -------------------------------------- Dated this the 27th day of July, 2009 J U D G M E N T ---------------------- Ramachandran Nair,J. Appeal is filed by the appellant for enhanced compensation for injuries sustained by him in the road accident. We have heard the counsel appearing for the appellant and Standing Counsel appearing for the insurance company. On going through the award and after hearing both sides we are of the view that the finding of the Tribunal about 50% of contributory negligence by the appellant calls no interference. Further the income fixed considering the proved qualification is also not low. However, we feel considering the loss of eyesight of one eye at a fairly young age, the appellant has suffered a permanent disability affecting enjoyment in future life. We therefore enhance the compensation payable to the appellant by Rs.15,000/-, without any deduction towards contribution, which will be deposited by the insurance company along with original compensation amount with interest at 7.5% on the total compensation from the date of application till date of deposit. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb