IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 438 of 2003() ---------------------- OPMV.362/1992 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT - PETITIONER ------------------------------------ ANDAMMA JOHN, W/O.JOHN, KODUVELIL HOUSE, ERUVUCHIRA P.O., THOTTAKADU, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): RESPONDENTS -------------------------- 1. K.K.JOHN, S/O.MANI KURIAKOSE, KODUVELIL HOUSE, ERAVUCHIRA, P.O.,THOTTACKADU, KOTTAYAM. 2. THE ORIENTAL INSURANCE CO.LTD, KOTTAYAM. ADV. SRI.M.JACOB MURICKAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 438 OF 2003 -------------------------------------------- Dated this the 11th day of August, 2008 JUDGMENT Ramachandran Nair,J. This appeal is filed for enhancement of compensation awarded for the injury sustained in a motor accident caused by the appellant's husband while she was a pillion rider along with him. The liability was not disputed by the insurance company before the Tribunal and award was passed though not to the extent of claim made by the appellant. Even though appellant has not produced evidence for medical expenses, appellant has produced medical certificate showing disability suffered by her. Considering her disability, that is loss of three teeths for a young lady, we feel compensation awarded requires modification. We therefore increase the total compensation awarded from Rs. 26,300/- to Rs. 40,000/-. The insurance company is directed to deposit the additional compensation with interest at 7.5 per cent from the date of application till date of deposit. Since the accident occurred in 1991, 2 there will be direction to the insurance company to deposit the additional compensation within one month from the date of receipt of a copy of this judgment. Moreover considering the amount involved and the time already taken, there will be direction to the Tribunal to release the entire amount to the appellant without any delay. Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3