IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 MACA.No. 1269 of 2005(T) ------------------------ OPMV.1006/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- BHARATHY, W/O. PARAMESWARAN, VELLASSERIL HOUSE, CHEMBUKARA, CHEMBU VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.T.K.KOSHY RESPONDENT(S): --------------- 1. NOUFAL, CHULLILPARAMBIL HOUSE, CHALIKKAVATTOM BHAGOM, VYTTILA KARA, EDAPPALLY VILLAGE, ERNAKULAM. 2. NAVAS. C.K., CHULLIPARAMBIL HOUSE CHALIKKAVATTOM, VENNALA, COCHIN. 3. THE NATIONAL INSURANCE CO.LTD., THRIPPUNITHURA. ADV. SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1269 OF 2005 -------------------------------------------- Dated this the 11th day of December, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. Counsel submitted that appellant suffered permanent disability of 10% and inspite of production of medical certificate from the doctor, MACT declined to grant any compensation. Counsel for the insurance company submitted that disability certificate is from a doctor who has not treated her and the doctor was not examined. Appellant was in the hospital for a week and therefore there is no need to doubt the genuineness of the injury sustained by the appellant on her ankle. Even though 10% disability may be exaggerated one, on account of ligament fracture and other injury to the ankle, we feel appellant will have difficulty in carrying her business as a fish vendor selling fish on door-to-door basis. We therefore grant additional compensation of Rs. 10,000/- which will 2 carry interest at 7.5 per cent per annum from the date of application till date of payment. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3