IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 MFA.No. 1123 of 2002(C) ----------------------- OPMV.1378/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT: 3RD RESPONDENT ------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, THIRUVANANTHAPURAM NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENTS: APPLICANT ----------------------- ABHILASH S. S/O. SATHEESAN K., LASYAM, T.C.30/1504 (I), RAILWAY PARALLEL ROAD, PETTAH, THIRUVANANTHAPURAM 695 024. (NO RELIEFS ARE CLAIMED AGAINST THE RESPONDENT 1 & 2 AND HENCE ARE NOT MADE PARTIES IN THIS APPEAL). BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.S.P.ARAVINDAKSHAN PILLAY SRI.PIRAPPANCODE V.S.SUDHIR SRI.SUNEESH.M. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA1123/2002 ORDER ON CMP NO.6916/2002 IN MFA NO.1123/2002 DISMISSED 15.1.2008 SD/- J.B.KOSHY, JUDGE 15.1.2008 SD/- K.M.JOSEPH, JUDGE /TRUE COPY/ P.A. TO JUDGE J.B.KOSHY & K.M.JOSEPH, JJ. ------------------------------------------- M.F.A.NO.1123 OF 2002 ------------------------------------------- Dated this the 15th day of January, 2008 JUDGMENT KOSHY, J. The appellant insurance company filed this appeal against the award of Motor Accidents Claims Tribunal contending that the amount of compensation awarded is very high. A Mechanical Engineering student met with a serious accident and he lost his eye sight. The Tribunal on the basis of evidence found that the accident occurred due to the negligent driving of the driver of the vehicle, insured by it. The only dispute is that the monthly income taken as Rs.3,000/- is on the higher side. It is not disputed that he was studying for final year Mechanical Engineering course. Considering the fact that he was an Engineering Student, we are of the opinion that Rs.3,000/- per mensum is not excessive. We also note that 40% disability is assessed by the Ophthalmic Hospital, Thiruvananthapuram and it is also found that one eye sight was completely lost. No interference is required regarding the quantum. But Tribunal MFA1123/2002 2 awarded 12% interest. The award was passed in 2001. Considering the rate of interest at that time, we reduce the rate from 12% to 9%. Award is modified to that extent. The appeal is allowed partly. J.B.KOSHY, JUDGE K.M.JOSEPH, JUDGE csl