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 TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 MACA.No. 1400 of 2005() ----------------------- OPMV.804/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------- ALAVI, AGED 34 YEARS, S/O. MOHAMMED, MANCHATHODI HOUSE, ARAVANKARA, POOKOTTUR P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENT(S): 3RD RESPONDENT: ------------------- THE NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY DIVISIONAL MANAGER, DIVISIONAL OFFICE, MALAPPURAM. ADV. SRI.M.RAJAGOPALAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No. 1400 of 2005 -------------------------------------- Dated this the 28th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. The appellant sustained injuries when an Autorikshaw driven by him had collided with a Mini Lorry. The Tribunal found that the driver of the Mini Lorry was negligent in causing the accident. The appellant sustained loss of all the teeth except 3 along with fracture to the mandible and fracture of bones on the left hand. The permanent disability sustained by him was assessed at 20%. The Tribunal had awarded total compensation of Rs.89,930/-. The award is challenged on the basis that quantum of compensation granted under different heads are highly unrealistic and too inadequate. 2. The appellant, who was an Autorikshaw driver, was at the age of his 29 years at the time of accident. But the Tribunal adopted the monthly income of the appellant for the purpose of computing compensation for disability as Rs.1250/-, which we feel to be unrealistic. We are inclined to re-compute compensation for permanent disability adopting monthly income as Rs.2000/- which will entitle him for re-fixation of the amount MACA. 1400/2005-G 2 of compensation on account of permanent disability at Rs.86,400/- (24000X18X20%). This will entitle the petitioner for an additional amount of Rs.32,400/- (86400-54000). Considering the fact that the accident occurred during the year 2001 we are also inclined to increase the rate of interest from 6% to 7.5%. 3. In the result, the appeal is partly allowed enhancing the compensation of Rs.89,920/- fixed by the Tribunal by a further sum of Rs.32,400/-. The original amount of compensation as well as the enhancement granted in this appeal will carry interest @ 7.5% per annum from the date of the claim petition till payment. 3rd respondent/Insurance company is directed to make payment of the amount within a period of 3 (three) months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb