IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 MACA.No. 2079 of 2005() ----------------------- OPMV.1498/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANTS/CLAIMANTS. -------------------- 1. C.K.UNNIKRISHNAN, S/O.MEENAKSHI PANIKKATHIYAR, CHATHANKULAM HOUSE, VAILATHUR POST, MALAPPURAM. 2. C.K.MOHANDASAN, S/O.MEENAKSHI PANIKKATHIYAR, CHATHANKULAM HOUSE, VAILATHUR POST, MALAPPURAM. 3. C.K.SATHEEDEVI, D/O.MEENAKSHI PANIKKATHIYAR, CHATHANKULAM HOUSE, VAILATHUR POST, MALAPPURAM ALL ARE LEGAL HEIRS OF MEENAKSHI PANIKKATHIYAR, W/O. EMUNNI PANIKKAR, CHATHANKULAM HOUSE, VAILATHUR POST, MALAPPURAM, THE ORIGINAL CLAIMANT. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS: RESPONDENTS. ------------------------ 1. HANEEFA, S/O.AYAMUTTY, CHEMALASSERY HOUSE, THAZHEKODE, AMMINIKKAD POST, MALAPPURAM. 2. T.MOOSA, S/O.RAYIN, THONNIKKARA HOUSE, THIRURKKAD POST, MALAPPURAM. 3. M/S.UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, PEECHI COMPLEX, CALICUT ROAD, PERINTHALMANNA, MALAPPURAM. ADV. SRI.C.V.BIMAL ROY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - MACA. 2079 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of July, 2010 Judgment Basheer, J: This appeal is at the instance of the legal heirs of the original claimant., who suffered certain injuries like fracture humerus, fracture radius (l) etc. The Tribunal awarded a sum of Rs.53,871/-, out of which the medical bills and treatment expenses came to Rs.41,520/-. 2. While impugning the award learned counsel for the appellants points out that the original claimant had undergone treatment initially as an inpatient for 17 days. Thereafter treatment was continued for a further period of 6 months as revealed from the medical records produced by her before the Tribunal. 3. The grievance of the appellants is that the claimant has been awarded only Rs.8,000/- for pain and suffering. We find considerable force in the above contention raised by the appellant. In our view, the compensation for pain and suffering has to be enhanced from Rs.8,000/- to Rs.15,000/-. Similarly, the claimant would be entitled to get a sum of Rs. 7500/- under the head of loss of amenities. Thus the MACA.2079/2005I : 2 : appellants shall be entitled to get an enhanced amount of Rs.14,500/- as addl. compensation. Appellants have been awarded interest only at the rate of 6% per annum from the date of petition till realisation. In our view interest has to be reckoned at the rate of 7.5 % from the date of petition till the date of realisation. 4. With the above modification in the award, the appeal is disposed of. Insurance Company shall pay the additional compensation with interest within two months from the date of receipt of a copy of this judgment. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.