IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 MACA.No. 1432 of 2007() ---------------------------------- (AGAINST THE AWARD DATED 28.11.2006 IN OPMV.408/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM ) .................... APPELLANT(S):PETITIONER ---------------------------------------- RAMESHAN S.K., KALLOOPARAMBIL HOUSE, KARICKODEBHAGOM, NELLITHANAM, KURICHY P.O. AND VILLAGE. BY ADV. SRI.MATHEW JOHN (K) RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. BABU.K.VARGHESE, KOTHALANOOR HOUSE, PONGAMMUKKU P.O., THRISSUR DIST. 2. THE KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. R2 BY STANDING COUNSEL SHRI.JOHNSON P.JOHN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/07/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ M.A.C.A.No.1432 of 2007 ---------------------------------------------- Dated, this the 24th day of July, 2009 J U D G M E N T K.M.Joseph, J. Appellant is the claimant. He suffered injuries in the accident. As against his claim for Rs.4 lakhs he has been awarded Rs.55,500/-. 2. The appellant is aggrieved by the quantum. Appellant relies on A6 certificate issued by Professor- Neurosurgery and points out that the doctor has certified 7 percent disability. But the Tribunal has awarded Rs.20,000/- as global sum. The learned counsel for the appellant points out that if multiplier is adopted appellant will be entitled to Rs.30,000/-. He further contends that the interest awarded is only 6 percent. 3. Learned standing counsel for the 2nd respondent would point out that the injuries have not affected the appellant as such. 4. We went through the certificate. There is MACA 1432/2007 -2- reference to specks of intracerebral bleed in right fronto parital lobe. Appellant was conservatively managed. Thereafter, it is stated that the appellant have to undergo anti convulsant medication (Eptoin). He complains of post traumatic headache. He also points out that appellant's relatives have noticed tendency of easily getting angry. On this basis the permanent disability is assessed at 7 percent. There is no reference to whole body disability. In such circumstances, we are unable to find any merit in the contention of the appellant that the entire percentage should have been taken and multiplier system must have been employed and disability compensation adopted. Appellant has been already awarded Rs.20,000/- towards disability. Even if 5 percent disability is taken amount towards disability will be only Rs.22,500/- In such circumstances, the appellant is not justified in seeking enhanced compensation. However, the appellant is entitled for 7.5 percent interest on the amount awarded. Accordingly, the appeal is partly allowed and the appellant is allowed to realise 7.5 per cent interest from the MACA 1432/2007 -3- date of the petition till realisation from the 2nd respondent. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS