IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 M.A.C.A.No. 883 of 2006(G) ---------------------- OP(MV).364/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER. -------------------------------------- RAMAKRISHNAN, S/O.SANKUNNI EZHUTHACHAN, AGED 30 YEARS, KALLIDUMBIL HOUSE, KADAMBUR POST, OTTAPPALAM TALUK, PALAKKAD DISTRICT. BY ADVS. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR RESPONDENTS/ RESPONDENT NO 1 TO 3. --------------------------------------------------------- 1. V.K.RAJAN, S/O.DEVA PANICKER, AGE NOT KNOWN, KALARIKKAL HOUSE, AMBALAPPARA POST, OTTAPPALAM TALUK, PALAKKAD DISTRICT. 2. A.RAFEEQ, S/O.KUNHAN, AGED ABOUT 27 YEAR ALAMPARA VEEDU, VENGASSERY POST, AMBALAPPARA, OTTAPPALAM TALUK, PALAKKAD DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, IIND FLOOR, JRJ COMPLEX, OTTAPPALAM. BY ADV. SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 883 OF 2006 = = = = = = = = = = = = = = = Dated this the 18th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)364/04. The claimant, an auto rickshaw driver by profession sustained injuries in a road accident. He had a fracture of the femur and head injury. The Tribunal awarded him a compensation of Rs.76,175/- with costs of Rs.2,000/- out of which almost Rs.30,000/- represents the treatment expenses. 2. The learned counsel had made available before me the disability certificate issued by the hospital authorities. He would contend that the actual loss of income calculated is too low and further the deduction of 1/3rd for personal expenses in injury case has to be reviewed. 3. A perusal of the disability certificate would reveal that the said person was undergoing treatment for fracture of the femur and there was open reduction and internal fixation M.A.C.A. 883 OF 2006 -:2:- done and he had also continued out-patient treatment till January, 2005. The Tribunal has granted him only one month's loss of earnings. Considering the factum of the internal fixation along with out-patient treatment the Tribunal should have at least awarded him four months loss of earnings and therefore I enhance the compensation under that head by Rs.9,000/-. Learned counsel's contention regarding the deduction of 1/3rd for personal expenses cannot be entertained in the light of the decision of the Apex Court reported in New India Assurance v. Charlie (2005 (3) KLT 227) where the Apex Court also permitted deduction of 1/3rd even in a case of personal injuries. Therefore the said contention is not accepted. 4. Lastly, the learned counsel would argue on the point of interest. Normally, the tribunal grants interest from the date of petition and unless there are specific reasons it will not be denied. I feel Section 171 empowers the Courts to grant interest and I do not find any specific circumstances existing in this case to deviate from the general practice and M.A.C.A. 883 OF 2006 -:3:- therefore I modify the order regarding the grant of interest. Therefore the MACA is disposed of as follows. The claimant is entitled to an additional compensation of Rs.9,000/- with 7% interest on the said sum from the date of petition till realisation. The claimant is also entitled to get interest on the entire amount awarded by the Tribunal, i.e. on Rs.76,175/-, at the rate of 7% from the date of petition till realisation. The insurance company shall deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-