IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 MACA.No. 768 of 2004() ---------------------- OPMV.889/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER IN THE O.P. ----------------------------------------- ALLY, W/O.E.P.BALAN, AGED 34, EDATHIKKARA HOUSE, KUMMANODA KARA, PATTIMATTOM P.O., PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.M.CHATHUKUTTY NAMBIAR RESPONDENT(S): RESPONDENTS. --------------------------------------- 1. E.P.OUSEPPACHAN, S/O.E.P.PAILY, INCHAPPARAMBU HOUSE,VENGOOR P.O. KOMBANADU, PERUMBAVOOR. 2. JOY.T., S/O.KRUIAKOSE, THURUTHY HOUSE, PANAMKUZHY KARA, KOMBANADU, VENGOOR, PERUMBAVOOR. 3. UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, JASMINE BUILDINGS, A.M.ROAD, PERUMBAVOOR. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ---------------------------------- M.A.C.A. No.768 of 2004 ---------------------------------- Dated this the 28th day of August, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. The claimant before the Tribunal is in appeal seeking enhancement of the compensation awarded. The appellant sustained injuries when a Bus hit against the Scooter on which she was travelling as a pillion rider. She sustained bleeding from left ear along with fracture of left elbow, severe Cerebral Concussion with sub dural hygroma on the left fronto parietal region along with other lacerated wounds. The petitioner was treated as inpatient in the hospital for 17 days. Thereafter she continued treatment as outpatient. The Tribunal had awarded a total compensation of Rs.26,100/-. 2. Heard the learned counsel for the appellant and Standing Counsel for the 3rd respondent insurance company. The appellant contended that the amounts awarded under various heads are highly unrealistic and inadequate. The notional income at Rs.1000/- adopted by the Tribunal is highly improper and inadequate, is the contention. It is further MACA.768/04 2 contended that the amounts awarded under different heads like, pain and suffering, transportation to hospital, loss of temporary earning, loss of amenities and enjoyment in life, etc: are highly on the lower side. 3. On an anxious consideration of the award we are not persuaded to accept contention of the appellant. On the basis of the evidence adduced the Tribunal had awarded reasonable compensation under different heads. However, we feel that the amount awarded under different heads like expenses for bystander, expenses for transportation, compensation for pain and suffering, compensation for loss of amenities and enjoyment in life, etc: are slightly on the lower side. On our moderate estimate we are inclined to increase the total compensation by a further sum of Rs.15,000/- in order to meet the ends of justice. 4. Learned Standing Counsel for the 3rd respondent/insurance company contended that the rate of interest at 12% awarded by the Tribunal is highly excessive. We are inclined to reduce the rate of interest to 7.5%. 5. In the result the appeal is partly allowed enhancing the total compensation of Rs.26,100/- awarded by the Tribunal by a further sum of Rs.15,000/-. The entire amount of compensation will carry interest only at 7.5% per annum from MACA.768/04 3 the date of the claim petition till payment. The 3rd respondent/insurance company is directed to make payment of the amount within a period of three months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb