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 FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 MACA.No. 929 of 2004() ---------------------- OPMV.1093/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): APPELLANT/3RD RESPONDENT: --------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS ASSISTANT MANAGER, KOCHI REGIONAL OFFICE-THIRD PARTY CELL, M.G. ROAD, ERNAKULAM. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER/RESPONDENTS 1 & 2 RESPECTIVELY: --------------------------------------------------------- 1. ANNAMMA SAMUEL, VALIYA VEETTIL HOUSE, OMALLOOR P.O., OMALLOOR VILLAGE, KOZHENCHERRY TALUK. 2. SAJI KUMAR. V.C., S/O. KUNJU KUNJU, VALAMKARA HOUSE, KAKKUDUMON P.O., ATHIKKAYAM VILLAGE, RANNY TALUK. 3. SURESH KUMAR K.T., S/O. VASUDEVAN NAIR, KOCHUNEDUMPURATHU HOUSE, KONNI. ADV. SRI.T.K.KOSHY FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ---------------------------------- M.A.C.A. No.929 of 2004 ---------------------------------- Dated this the 28th day of August, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. 1. The 3rd respondent/insurance company before the Tribunal is in appeal challenging the award. Attack against the impugned award is mainly on the grounds that the liability fixed on the Insurer was not sustainable and the quantum awarded is excessive. According to the appellant the Tribunal had not considered the contention that the driver was not holding authority to drive the particular class of vehicle at the time of accident. But the Tribunal found that in Ext.A1 charge sheet submitted by the police authorities against the 1st respondent driver it is stated that he had a valid driving licence and badge and therefore the contention of the appellant is not sustainable. 2. The claimant sustained injury when the Autorikshaw in which she was travelling capsized. The claimant was aged 48 years at the time of accident and she was engaged in dairy farming and poultry farming. The claimant had suffered bicondylar fracture of left tibia and abrasion on right eyebrow. There was mal-union of fracture of tibia which had resulted in MACA.929/04 2 partial ankylosis of left knee joint and restriction on movement. Disability of the claimant was assessed at 20%. The Tribunal was awarded a total compensation of Rs.2,03,000/-. 3. The appellant contended that the income adopted by the Tribunal at Rs.3000/- for the purpose of computation of disability is highly excessive. It is also contended that the disability certificate was not properly proved and the extent of disability at 20% adopted is highly unrealistic. It is further contended that the Tribunal had allowed the rate of interest at 12%, which is highly excessive. 4. On an anxious consideration of the award and on appreciation of the evidence on record we do not find any reason to interfere with the quantum of compensation awarded. Considering the evidence on record we are of the opinion that the amount awarded under various heads are quite reasonable. However we are inclined to accept the contention that the rate of interest awarded at 12% is excessive, and hence reducing the interest to 8%. 5. Learned counsel appearing for the claimant/respondent submitted that 11 years have lapsed since the date of accident and therefore there may be a direction to the Tribunal to permit withdrawal of the amount of MACA.929/04 3 compensation by the claimant. 6. Under the above circumstances the appeal is disposed of upholding the quantum of compensation awarded by the Tribunal, but with a modification reducing the rate of interest from 12% to 8%. It is further directed that the Tribunal will permit the claimant to withdraw the amount, on deposit of the same by the appellant insurance company. The appellant is directed to make deposit of the balance amount within a period of three months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb