IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 MACA.No. 2233 of 2007(T) ----------------------------------------- OPMV.1220/2002 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT : CLAIMANT: ---------------------------------------- P.RESMI, D/O.RAVEENDRAN, VADAKKETH VEEDU, MSP WARD III, POLLATHAI P.O., ALAPPUZHA. BY ADV. SRI.A.KRISHNAN RESPONDENTS / RESPONDENT: -------------------------- 1. E.A.ALEXANDER, EDAYEZHATHU, AROOR P.O. CHERTHALA TALUK. (deleted) (Name of the first respondent is deleted from the party array at the risk of the appellant as per order dated 7-9-2010 in IA 2253/2010) 2. VARUTHUKUTTY, S/O. ANTHAPPAN, KALATHIPARAMBU HOUSE, AROOR P.O., ALAPPUZHA. 3. NEW INDIA ASSURANCE COMPANY LIMITED, REPRESENTED BY ITS BRANCH MANAGER, ALAPPUZHA. ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2233 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of October 2010 JUDGMENT Basheer, J. Appellant was involved in a road traffic accident in the year 2002 while she was a student. She was 19 at the time of the accident. Going by the records she sustained: (1) multiple abrasions left knee, left ankle and right knee (2) hematoma forehead (3) fracutre right femur 2. The Tribunal, after considering the nature of injuries sustained by the appellant, awarded a sum of Rs.70,750/- under various heads. The above award is under challenge in this appeal contending inter alia that the Tribunal had lost sight of the fact that the injury had caused shortening of her leg and also the fact that it had affected her studies. 3. The Tribunal had considered the above aspect in the award and found that going by the nature of the injury the percentage of disability as assessed by the doctor who issued A12 certificate cannot be accepted as such, particularly since there was no evidence to show that it had affected her career in any manner. Nevertheless, the Tribunal awarded a sum of Rs.10,000/- for physical disability. 4. Learned counsel submits that the fact there was shortening of the leg has not been kept in view. We find some force in the above contention. In that view of the matter, we are satisfied that the amount of Rs.10,000/- awarded under M.A.C.A.No.2233 OF 2007 :: 2 :: the head of physical disability can be enhanced to Rs.20,000. The Tribunal has awarded reasonable compensation under all other heads like Rs.25,000/- for pain and suffering; Rs.15,000/- for loss of amenities and enjoyment in life. However, the Tribunal has awarded interest only at the rate of 6%. The interest in our view should be 7.5%. Ordered accordingly. With these two modifications in the award, the appeal is disposed of. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes