IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 MACA.No. 253 of 2006() ---------------------- OPMV.52/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- SURENDRAN, S/O. VELU, AGED 50 YEARS, MUNDACKAL HOUSE, PALARIVATTOM, KOCHI-25. (PETITIONER IN MACT). BY ADV. SRI.P.M.JOSHI RESPONDENT(S): --------------- 1. JAYACHANSRAN, KALLIKANDI HOUSE, EDAYANNUR KARA, KIZHALLOOR VILLAGE, THALASSERY TALUK. 2. M.K. MAHOOD, RABIYA MANZIL, KANNUR DISTRICT. 3. M/S. UNITED INDIA INSURANCE COMPANY LILMITED, KANNUR DISTRICT. (RSPONDENTS IN MACT.) R3 BY ADV. SRI.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 253 OF 2006 -------------------------------------------- Dated this the 7th day of October, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. 2. Even though appellant sustained injuries of the hip including fracture of the bone and another major injury in shoulder, appellant did not produce any disability certificate. Counsel for the appellant submitted that appellant was only a headload worker of 44 years of age at the time of the accident and the injuries sustained by him have affected his earning power. The accident happened more than 10 years back and therefore we do not find any justification to remand the matter for the appellant to obtain and produce disability certificate. In any case, having regard to the injuries and hospitalisation for one month, 2 we feel appellant is entitled to compensation for loss of earning power because being a headload worker he depends upon physical stamina for earning. In the absence of specific evidence on percentage of disability, we grant additional compensation of Rs. 25,000/- to the appellant with direction to the insurance company to deposit the additional compensation with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal stands allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3