IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 MACA.No. 2110 of 2007(A) -------------------------------- OPMV.821/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): /PETITIONER ---------------------------------- PONNUSWAMY, S/O. KUNCHAN, AGED 37 YRS, KALATHILTHODY HOUSE, THOTTAKARA POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.O.P.NANDAKUMAR RESPONDENT(S): RESPONDENT 1 TO 3 ------------------------------------------------ 1. V.K.KARUNAKARAN, S/O. MADHAVAN NAIR, AGE NOT KNOWN, VELLAPATT, KANNODIYIL HOUSE, EDAYUR POST, VALANCHERY, MALAPPURAM DISTRICT. 2. SUKUMARAN, S/O. KOCHAPPAN NAIR, AGED ABOUT 39 YEARS, MANIYATH HOUSE, PAMPADI POST, THIRUVILWAMALA VIA, TRICHUR DIST. 3. THE NATIONAL INSURANCE COMPANY LTD., P.B.NO.811, NOOR COMPLEX, NEAR ARAYIDATH PALAM, MAVOOR ROAD, CALICUT-673 004. ADV. SRI.G.SREEKUMAR (CHELUR) FOR R2 SRI.K.RAVI (PARIYARATH) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.2110 OF 2007 ===================== Dated this the 28th day of November 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottappalam in O.P.(MV)No.821 of 2004. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.26,336/-. He was granted only interest after 30 days from the date of the receipt of a copy of the award, if the amount is not deposited. It is against that decision the claimant has come up in appeal. 2. Heard counsel on both sides. A perusal of paragraph 7 of the award would reveal that the claimant had sustained fracture of the proximal phalanx of 2nd and 3rd toes, pain on right foot, abrasion over anterior aspect of right knee, etc. He was treated in the hospital as an inpatient for 3 days. The disability certificate would reveal that there was limitation of movement. Though it fixed the disability at 4%, the Tribunal held that it can be converted into whole body disability at 2%. The accident is of the year 2004 and there is nothing wrong in fixing the income of the driver at Rs.2,500/- per mensem. When it is so, the annual loss of MACA 2110/2007 -:2:- income would come to Rs.600/- which when multiplied by 17, the disability compensation would come to Rs.10,200/-. Over and above this, an amount of Rs.5,000/- has to be granted for loss of amenities and enjoyment in life plus compensation for permanent disability, thereby totalling Rs.15,200/-, out of which Rs.10,000/- is awarded. Therefore the claimant will be entitled to an additional compensation of Rs.5,200/- under that heads. The Tribunal has not awarded any compensation for loss of earning. Certainly on account of the fracture, he would not have been in a position to do any work for a considerable length of time, especially being a driver by profession. I award him a sum of Rs.5,000/- under that head. So far as interest is concerned, I do not find any special circumstance in not granting him interest from the date of petition. Therefore it also requires modification. He is entitled to interest from the date of petition. Therefore, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,200/- with 6% interest on the said sum from the date of petition till realisation and the 3rd respondent insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. It is also made clear that for the amount already awarded by the Tribunal, the claimant is entitled to get 6% interest from the date of petition. MACA 2110/2007 -:3:- M.N.KRISHNAN, JUDGE Cdp/-