IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MACA.No. 663 of 2006(B) ----------------------------------- O.P(MV).NO.834/1995 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA. .................... APPELLANT/ PETITIONER: -------------------------------------- BHAVANI AMMA, W/O.RAGHAVAN NAIR, AGED 57 YEARS, THOPPIL HOUSE, ATHIRATTUKUNNU P.O., KENICHIRA VIA, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. SAJEEVAN, AGED 27 YEARS, S/O.KARUNAKARAN NAIR, VIRUTHIYIL HOUSE, POOTHADI, ATHIRATTUKUNNU, KENICHIRA, SULTHAN BATHERY TALUK, WYNAD. 2. V.N.RAVEENDRAN, S/O.NEELAKANDAN, OLAVIROTHU HOUSE, POOTHADI, KENICHIRA, SULTHAN BATHERY TALUK. 3. ORIENTAL INSURANCE CO.LTD., MANJER, MALAPPURAM DISTRICT. BY ADV. SRI.MATHEWS JACOB (SR.) - R3, SRI.P.JACOB MATHEW - R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 663 OF 2006 --------------------- Dated this the 20th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Wayanad, in OP(MV) 834/05. The appellant aged 57 years sustained injuries in an accident as a result of which she had sustained fracture of right humerus. She was treated as an inpatient in the hospital for a period of 28 days. The disability certificate was also produced showing her disability at 10%. The Tribunal took the monthly income at Rs.750/- and awarded a compensation of Rs.28,150/- with 9% interest. It is against that decision, the present appeal is preferred. 2. At the outset, I may like to state that there has been delay in filing the appeal. But the fact remains that the disability certificate as such has not been taken note of by the Tribunal but awarded a consolidated amount of Rs.8,000/-. After perusing the disability certificate, I feel that a maximum of 7% can be taken. If the notional income is fixed at Rs.15,000/- then the loss of earning per annum will be Rs.1,050/- when multiplied by 8 would come to Rs.8,400/-. So towards disability compensation, the claimant is entitled to an amount of Rs.8,400/-. There is no amount granted for loss of amenities and enjoyment in life which I fix it as Rs.3,500/-considering the age and nature of the fracture. When loss of MACA No.663/06 2 earning for three months at the rate of 1,250/- is calculated, the difference would come to Rs.1,500/-. Tribunal has only granted an amount of Rs.7,000/- for pain and suffering which I enhance by Rs.1,500/- more. So when this is taken into consideration, the total amount would come to Rs. 6,900/- which I round as Rs.7,000/-. But since the appeal has been preferred with an inordinate delay of 1245 days, I do not propose to grant interest to the claimant now. But the Insurance Company is directed to deposit the amount within 60 days, failing which the claimant will be entitled to 7% interest on this amount from today. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,000/-. The Insurance company is directed to deposit the amount within a period of 60 days from today. If the Insurance Company fails to deposit the amount within the said period, the claimant will be entitled to an interest at the rate of 7% from 20.6.08 till realisation. M.N.KRISHNAN, JUDGE vps MACA No.663/06 3 MACA No.663/06 4