ORDER :

1. Leave Granted.

2. This appeal is directed against the judgment and order dated 19th June, 2024 passed in MACA No. 93/2019 by the High Court of Kerala at Ernakulam, which, in turn, was directed against Award dated 21st July, 2017 in O.P. (MV) No. 1009/2007 of the Motor Accidents Claims Tribunal, Thrissur.

3. On 15th February, 2005, the claimant-appellant, who was a diamond cutter by profession, was travelling Eastbound through Kunnamkullam- Wadakkanchery when his motorcycle bearing registration No. KL-08-J-8556 collided with an auto rikshaw bearing No. KL-08-C-6658, due to the alleged rashness and negligence of the auto rikshaw driver. He suffered grievous injuries and a case, FIR No. 51/2005 under Section 279, 337 and 338 Indian Penal Code, 1860 was registered at P.S. Erumaetty, Thrissur. The claimant-appellant suffered a complete loss of vision in one eye.

4. The claimant-appellant filed a claim petition before the Learned Motor Accidents Claims Tribunal, Thrissur, seeking compensation to the tune of Rs. 14,58,000/-. Vide Award dated 21st July 2017, taking the percentage of disability at 49%, total compensation awarded was Rs. 8,70,000/- with 8% interest.

5. An appeal was pr