IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 MACA.No. 548 of 2007() ---------------------- OPMV.584/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT/PETITIONER ----------------- LAKSHMI AMMA, W/O.NARAYANAN NAIR, AGED 77 YEARS, SWAPNA NIVAS, MELEPURATH HOUSE, P.O.THIRUVENGAPURA, OTTAPALAM TALUK, PALAKKAD. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): --------------- 1. MUHAMMED SHAREEF, S/O.HAMSA, AGED 22 YEARS, MUNDAKATTUTHODI HOUSE, P.O.NADUVATTOM, THIRUVENGAPURA VIA, PALAKKAD, (DRIVER OF AUTORICKSHOW NO.KL9/J768). 2. HAMSA, S/O.MUHAMMED, MUNDAKATTUTHODI HOUSE, P.O.NADUVATTOM, THIRUVENGAPURA VIA, PALAKKAD, (OWNER OF AUTORICKSHOW NO.KL9/J768). 3. THE ORIENTAL INSURANCE COMPANY LTD., PRANAVAM BUILDING, P.O.MELEPATTAMBI, PATTAMBI, PALAKKAD, PIN-679 306, (INSURER OF AUTORICKSHOW NO.KL9/J768). BY ADV. SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ. ------------------------------- M.A.C.A.No.548 of 2007 ------------------------------- Dated this the 23rd December, 2009 J U D G M E N T Raman, J. The appellant is the injured in a motor accident which occurred in 2004. She was 75 years of age and she sustained fracture of both bones in left leg, contusion of right elbow, closed segmental comminuted fracture left fibula and contusion scalp. She was hospitalised for 7 days, but did not suffer any permanent disability. Though she claimed a total amount of Rs.2,50,000/- as compensation, an amount of Rs.58,029/- was awarded under different heads with cost of Rs.2000/-. 2. The accident occurred on 7.3.2004. When the appellant was walking along the Koppam-Valanchery Public road, an auto rickshaw bearing Registration No.KL 9J 768 hit against her, causing serious injuries. It was driven by the first MACA.No.548 of 2007 2 respondent, owned by the second respondent and insured by the third respondent. The negligence is proved and the finding has become final. 3. The point that arise for consideration is as to whether the appellant is entitled for any enhancement of the compensation. 4. Though the learned counsel appearing for the appellant pointed out that considering the nature of injuries, some more amount has to be awarded under the heads 'loss of earning' and 'pain and suffering', we find that in the absence of any permanent disability and the period of hospitalization was only for seven days, the compensation awarded by the Tribunal cannot be said to be inadequate. We find that only 6% interest is awarded on the total amount of compensation and in the circumstances, we award 7% interest on the awarded amount of Rs.58,029/-, from the date of the petition till realisation. The third respondent Insurance Company shall deposit the balance MACA.No.548 of 2007 3 amount, within a period of six weeks from the date of receipt of a copy of this judgment. The appeal is allowed to the limited extent, as above. No cost. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.