IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 MACA.No. 1924 of 2006() ---------------------------------- OPMV.756/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): PETITIONER: ----------------------------------------- SASIDHARAN, S/O.NARAYANAN, KANDATHIL HOUSE, KATTAPPANA KARA, KATTAPPANA VILLAGE. BY ADV. SRI.MATHEW JOHN (K) RESPONDENT(S):RESPONDENTS: ------------------------------------------------ 1. SURESH CHERIAN, S/O.CHERIAN, PLAMPARABIL PUTHENPURAYIL HOUSE, THIRUMOOLAPPURAM KARA, THIRUVALLA VILLAGE. 2. JOSE SEBASTIAN, S/O.SEBASTIAN, VALUMANNIL HOUSE, KANJIRAPPALLY P.O., KOTTAYAM DISTRICT, NOW RESIDING AT VALUMANNIL HOUSE, 34/1243/A, ANCHUMANA, EDAPALLY, COCHIN-24. 3. THE ORIENTAL INSURANCE CO.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, MUVATTUPUZHA. R3 BY ADV. SRI.M.JACOB MURICKAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ORDERS ON 19/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ M.A.C.A.No.1924 of 2006 ---------------------------------------------- Dated, this the 19th day of August, 2009 J U D G M E N T K.M.Joseph, J. Since the insurance is admitted we are dispensing with notice to respondents 1 and 2. By consent of the learned counsel for the parties to the lis, the appeal is taken up for hearing. 2. The appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act. As against the claim for Rs.3 lakhs the Tribunal awarded a sum of Rs.88,000/-. 3. We heard the learned counsel for the appellant and learned counsel for the insurance company. The learned counsel for the appellant would point out that the Tribunal has awarded disability compensation by taking the monthly income at Rs.2,000/- only. According to him A12 certificate shows that the appellant was earning Rs.7,500/-. The appellant is the Public Relations Officer in a private company, he submits. Secondly, he contends that the appellant was an in-patient in three spells. He was not awarded any amount towards loss of MACA 1924/2006 -2- amenities. He also points out that the Tribunal has awarded loss of earning for four months. He further contends that though the Medical Board certified 15 percent disability only 12 percent is taken by the Tribunal. Apart from stating that the medical practitioners who have signed the certificate was not examined no reason is stated by the Tribunal. Lastly, the learned counsel contends that the Tribunal has awarded only 6 percent interest. 4. Learned counsel for the insurance company supported the award. 5. The first question to be considered is the income. The appellant is aged 50 years. The accident took place on 8.3.2001. Even though we are not inclined to rely on A12 certificate as the person who issued the certificate is not examined we are inclined to fix the income of the appellant at Rs.2,500/- per month. On this basis the appellant would be entitled to Rs.2,000/- towards loss of earning. We find justification in the contention of the learned counsel for the appellant that compensation ought to have been given for loss of amenities. It is contended that the appellant suffered serious injuries. In such circumstances, we award Rs.10,000/- towards loss of amenities. We are also inclined to fix the percentage of disability at 14 percent. There is no reference MACA 1924/2006 -3- in the certificate that the disability is whole body disability. Taking into consideration the increased income which we have taken the appellant will be entitled to Rs.8,760/ more. Further, we find that the appellant is justified in seeking interest at 7.5 percent instead of 6 percent. Accordingly, the appeal is allowed in part and the appellant is allowed to realise Rs.20,760/- more with interest at 7.5 percent from the date of petition till the date of realisation from the third respondent. Appellant is also allowed to realise interest at the rate 7.5 percent on the amount already awarded from the date of petition till the date of realisation from the third respondent. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS