IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 MACA.No. 563 of 2006() ---------------------- OPMV.1482/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------ ANILKUMAR, S/O.GOPI, ULIKKARA HOUSE, VETTILAPPARA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV): ----------------------------------- 1. P.T.OUSEPH, POTTATHUPARAMBIL HOUSE, PERAMBRA P.O. 2. JOBAI, S/O.VARGHESE, OLLUKKARAN HOUSE, KALLETTUMKARA P.O. 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD., CHALAKUDY. BY ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.563 of 2006 .................................................................... Dated this the 15th day of September, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant. The appeal is filed for enhancement of compensation for the injury sustained by the appellant in the accident. Even though percentage of disability under the Medical Certificate is 10%, MACT has taken 5% as the percentage of disability. Counsel submitted that there is no justification for rejecting the Medical Certificate produced. However, we find that the Medical Certificate produced is issued by a private Doctor who was also not examined. Moreover, considering the nature of injuries sustained by the appellant, we feel the claim of disability at 10% is exaggerated and MACT rightly estimated it at 5%. However, having regard to the fact that appellant was employed as a mason, the annual income fixed at Rs.18,000/- is little low. We, therefore, enhance the total compensation from Rs.42,798/- to rupees fifty thousand with direction to the Insurance Company to deposit the additional compensation 2 with interest at 7.5% per annum from date of application till date of payment. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms