IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 635 of 2005()
1. FAMIDHA, W/O.SAIDHALAVI,
... Petitioner
Vs
1. THE NEW INDIA ASSURANCE COMPANY LIMITED,
... Respondent
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent :SRI.A.C.DEVY
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :27/08/2008
O R D E R
C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.
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M.A.C.A. No.635 of 2005
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Dated, this the 27th day of August, 2008
J U D G M E N T
Ramachandran Nair, J.
Heard learned counsel for the appellant and learned standing
counsel appearing for the Insurance Company.
2. The appeal is filed for enhancement of compensation
awarded under various heads to the appellant, who sustained injury
in a motor accident. Learned counsel for the appellant submitted
that at the time of accident appellant was only 31 years of age and
was married. After the accident, she has suffered permanent
disability and doctor reported that she is not able to walk even on
ground. However, MACT limited the disability to 10%. Learned
standing counsel appearing for the Insurance Company submitted
that in medical certificate disability is not certified as a permanent
one. The doctor has only stated about the condition of the
appellant at the time of issuing the certificate. We find some force
in this contention because probably the doctor expects recovery in
the course of time and so much so disability noticed was not a
permanent one. Even though compensation was awarded under
MACA No.635/2005
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various heads claimed, we feel appellant is entitled to enhancement
of compensation for loss of enjoyment in life and towards cost of
future treatment. Considering the condition of the appellant, which
requires further treatment, we grant further some of Rs.10,000/-
towards future medical expenses. Similarly for loss of enjoyment in
life appellant is granted an additional compensation of Rs.10,000/-.
The Insurance Company is directed to deposit the additional
compensation with interest @ 7.5% per annum from the date of
application till date of deposit.
The appeal is allowed to the above extent.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(V.K.MOHANAN, JUDGE)
jg