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 MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 MACA.No. 1347 of 2006() ----------------------- OPMV.1585/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANT/PETITIONER. ----------------------------------- SUJEESH.K.SIVADAS @ SANTHOSH, CHIRATYIL, COLLECTORATE P.O. KEEZHUKUNNU BHAGOM, MUTTAMBALAM. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): RESPONDENTS. --------------------------- 1. MANJUSH @ MANJUSH T. MOHANDAS, THADATHIL HOUSE, MANGANAM P.O,. VIJAYAPURAM, KOTTAYAM. 2. PRASAD KUMAR, MALAYIL PUTHENPURA, N.S.H.M. P.O. KOTTAYAM 6. 3. THE NEW INDIA ASSURANCE COMPANY LTD., KOTTAYAM. ADV. SRI.JOY GEORGE FOR R3 SMT.PRAICY JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1347 of 2006 .................................................................... Dated this the 3rd day of August, 2009. JUDGMENT Abdul Rehim, J. Claimant before the Tribunal is in appeal seeking enhancement of the compensation awarded. He sustained injuries while traveling in an Autorickshaw which capsized. The appellant sustained fracture of medial malleolus with dislocation of ankle joint. Internal fixation was done and he continued treatment for a considerably long period. The appellant claims to be a Heavy Vehicle Driver by profession. He was aged 31 years at the time of accident. Ext.A14 is the disability certificate issued by the Lecturer in Orthopaedics, Medical College Hospital, Kottayam assessing permanent disability at 15%. The Tribunal adopted 10% functional disability and, taking monthly income of the appellant as Rs.2,500/-, calculated compensation for continuing permanent disability and loss of earning power at Rs.51,000/- and Rs.25,000/- respectively. A total amount of Rs.1,15,112/- along with interest and cost was awarded. 2 2. Heard learned counsel appearing for the appellant and Standing Counsel appearing for the third respondent. The appellants contended that inspite of medical evidence adduced with respect to prolonged treatment and review for about three years, the Tribunal had granted compensation for temporary loss of earning only for a period of four months, which is highly unrealistic and too inadequate. It is also contended that amounts awarded under various other heads are highly on the lower side. Further contention of the appellant is that the rate of interest at 6% fixed by the Tribunal is on the lower side. Standing Counsel opposed enhancement contending that the Tribunal had already awarded reasonable amounts under different heads. 3. Considering the entire facts and circumstances of the case and the evidence regarding the lengthy treatment of the appellant, we feel that the temporary loss of earning granted for a period of four months is inadequate. Therefore, we are inclined to refix the compensation for a period of ten months which will entitle the appellant for an additional compensation of Rs.15,000/-. We feel that rate of interest at 6% granted is to be enhanced to 7.5%. The amounts granted under 3 different other heads do not call for interference. 4. In the result, appeal is partly allowed enhancing the total compensation of Rs.1,15,112/- awarded by the Tribunal by a further sum of Rs.15,000/-. The original amount of compensation as well as the enhancement granted in this appeal will carry interest at 7.5% p.a. from the date of the claim petition till payment. The third 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 pms