IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 MACA.No. 1644 of 2005(B) ------------------------------------- (O.P(MV).NO.1159/2002 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THODUPUZHA) .................... APPELLANT: ------------------- GOPINATHAN, S/O.SREEDHARAN, AGED 50 YEARS, CHENAPARAMBIL HOUSE, MELUKAVU P.O., MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADVS. SRI.T.J.MICHAEL, SRI.P.NOOR SEMIR. RESPONDENTS: ------------------------ 1. SHYJU, S/O.RAJAPPAN, NELLIYEKUNNEL HOUSE, KARIKKINMEDU BHAGOM, UPPUTHODU KARA, UPPUTHODU VILLAGE. 2. RAJAN, S/O.PARUKUTTIYAMMA, THADAKKATTU HOUSE, KAMBILIKANDAM P.O., KONNATHADY VILLAGE. 3. ORIENTAL INSURANCE CO.LTD. KOTTAYAM. R3 BY ADV. DR.ELIZABETH VARKEY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1644 OF 2005 = = = = = = = = = = = = = = = Dated this the 24th day of September, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P. (MV)1159/02. The claimant, a Block Development Officer, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.34,480/- with 6% interest. The claimant has come up in appeal challenging the quantum as well as the interest. Since there is no driving licence for the driver the Tribunal directed the insurance company to pay the amount and recover it from the owner. The owner in spite of notice had not chosen to appear before this Court. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant had sustained a fracture M.A.C.A. 1644 OF 2005 -:2:- on the lateral condyle tibia left with hemothrosis on the left knee joint. The Tribunal found that he is entitled to three months loss of earnings but granted at the rate of Rs.2,000/- per month. The claimant has claimed at the rate of Rs.10,000/- per month. Certainly being a responsible officer he could have produced the documents to show that what was his salary and how much leave he had taken for the purpose. In the absence of the same only a guess work can be done and I grant Rs.3,000/- more towards the loss of earnings. When at the age of 50 there is a fracture on the tibia condyle and hemothrosis on the knee, it can create problem for the person as age advances it will cause loss of amenities and enjoyment in life for him. In the absence of specific document to prove disability considering the age of the person and the nature of injuries I grant Rs.7,000/- towards loss of amenities and M.A.C.A. 1644 OF 2005 -:3:- enjoyment in life. Thus the claimant is entitled to an additional compensation of Rs.10,000/-. 3. The interest awarded is only 6% for the amount but it is not proper and a minimum interest of 7.5% has to be paid for the entire amount. The insurance company will be also entitled to recover this compensation plus the amount already awarded with 7.5% from the owner after discharge of the liability to the claimant. 4. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.A.C.A. 1644 OF 2005 -:4:- 5. It is made clear that the claimant is entitled to 7.5% interest for the amount already awarded also. On satisfaction of the award the insurance company shall be entitled to get the entire amount realised from the owner by executing the very same award. M.N. KRISHNAN, JUDGE. ul/-