IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 MACA.No. 2259 of 2007() ---------------------------------- OPMV.50/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA,WAYANAD .................... APPELLANT(S): PETITIONER: ----------------------------------------- SABIRA, D/O.ABDU RAHIMAN, KOLATH KADAN HOUSE, KAPPAMKOLLY, MEPPADI POST, VYTHIRI TALUK, WAYANAD. BY ADV. SMT.CELINE JOSEPH RESPONDENT(S): SUPPL.RESPONDENT NO.5: ------------------------------------------------------------------- THE ORIENTAL INSURANCE CO. LTD., C.K.H.BUILDING, THAZHE PALAM, TIRUR. BY ADV. SRI.S.MAMMU. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ M.A.C.A.No.2259 of 2007 ---------------------------------------------- Dated, this the 19th day of August, 2009 J U D G M E N T K.M.Joseph, J. Appellant who was aged 12 years sustained injuries in a road traffic accident. The Tribunal has awarded Rs.21,000/- with 6 percent interest. Dissatisfied with the amount of compensation awarded this appeal is filed. 2. We heard the learned counsel for the appellant and learned counsel for the insurance company. 3. Learned counsel for the appellant would point out that the appellant lost one year. It is further contended that no amount is awarded towards loss of amenities. Further, it is contended that the disability compensation has been calculated by taking income at Rs.1,000/-. It is contended that only Rs.5,000/- is awarded towards pain and suffering. It is also contended that no amount is awarded towards loss of marriage prospects. Lastly, it is contended that the Tribunal has granted 6 percent interest on the amount awarded. 4. Learned counsel for the insurance company supported the award. 5. We feel that the appellant can be given a sum of Rs.5,000/- towards loss of one year. We further feel that MACA 2259/2007 -2- the appellant should be awarded Rs.10,000/- towards loss of amenities. Further we note that the appellant can be treated as non-earning member and therefore the income should have been Rs.1,250/- instead of Rs.1,000/-. On this basis the appellant would be entitled to Rs.2,700/- more. In view of the fact that the appellant has sustained fracture tibia and fibula left leg and fracture left clavicle, we award Rs.5,000/- more towards pain and suffering. Accordingly, the appellant would be entitled to Rs.22,700/- more. We accept the contention of the appellant that the appellant should have been awarded interest at 7.5 percent on the amount awarded. Accordingly, the appeal is allowed and the appellant is allowed to realise Rs.22,700/- with interest at 7.5 percent from the date of petition till realisation from the respondent. The appellant is also entitled to interest at 7.5 percent on the amount already awarded from the date of petition till the date of realisation from the respondent. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS