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 MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 MACA.No. 975 of 2005() ---------------------- OPMV.1704/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S)/PETITIONER IN OP(MV): ----------------------- JOY, S/O.AUGUSTHY, PAYYAPPILLY HOSUE, CHINANCHIRA BAGHAM, CHULLIKKARA DESOM, AYYAMPUZHA VILLAGE, ALUVA TALUK, ERNAKULAM. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S)/RESPONDENTS 1 & 2 IN OP(MV): ---------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, FORT, THIRUVANANTHAPURAM. 2. VARGHESE, S/O.KURIAKOSE, EDAYATHUKUDY HOUSE, PULLUVAZHIKARA DESOM, RAYAMANGALAM VILLAGE. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 SRI. SAJEEV KUMAR K. GOPAL FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No. 975 of 2005 -------------------------------------- Dated this the 27th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. 1. Claimant is the appellant. Appeal is filed seeking enhancement of compensation awarded by the Tribunal. Heard learned counsel appearing for the appellant and Standing Counsel for the 1st respondent. The counsel for the appellant vehemently contended that the notional income of Rs.1500/- per month adopted by the Tribunal for the purpose of calculating compensation for permanent disability and loss of earning power, is highly unrealistic. He also contended that various amounts awarded under different other heads are inadequate. 2. On an evaluation of the amount awarded and on considering the evidence on record we feel that the Tribunal had awarded reasonable amount under different heads. Hence we find no reason to interfere with the award for enhancement of the compensation fixed by the Tribunal. 3. The counsel for the appellant contended that the Tribunal had fixed payment of interest at 6% only and the same MACA. 975/05-G 2 need enhancement. Considering the fact that the accident occurred during the year 1998, we feel that the appellant need be awarded with interest @ 7.5%. 4. Hence we partly modify the award directing the 1st respondent to make payment of the total compensation awarded along with interest at 7.5% per annum from the date of claim petition till deposit. We make it clear that if the amount of compensation had already been deposited by the 1st respondent then the interest will work out only till the date of deposit. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb