IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 MACA.No. 99 of 2004() --------------------- (AGAINST THE AWARD DATED 5/5/2000 IN OP(MV) NO.1565/96 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA) APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- VARGHESE ALIAS THANKACHAN, S/O.VARGHESE, VAZHAKKOOTTATHIL VEEDU THIRUMALA WARD, ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. P.C.JOSEPH, S/O.CHACKO, PALLURUTHYIL HOUSE, CHEMMANATTU KARA, VAIKOM. 2. K.V.MATHEW, S/O.THOMAS VARGHESE, WHITE HOUSE, VAIKOM. 3. THE NATIONAL INSURANCE CO., THRIPUNITHURA. ADV. SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ M.A.C.A.No.99 OF 2004 ------------------------ Dated this the 25th day of August, 2009 JUDGMENT Pius C.Kuriakose, J. The claimant injured is in appeal being aggrieved by the award passed by the Motor Accident Claims Tribunal. The case of the appellant/claimant is that he sustained serious bodily injuries on account of the accident involving Maruthi van bearing No.KRO-9595 driven by the first respondent allegedly in a rash and negligent manner. One of the main counts on which the compensation was claimed was that on account of the accident, the petitioner's audibility was affected permanently and he relied on Ext.A9 Audiological Evaluation Report and Ext.A10 Disability Certificate issued by Dr.Herman Gerald, Lecturer of Alappuzha Medical College in its ENT Department. The learned Tribunal under the impugned award, awarded a total compensation of Rs..50,000/- inclusive of Rs.25,000/- as compensation for permanent disability of loss of earning power and loss of amenities in life. 2. Having gone through the impugned judgment and having MACT.No.99/2004 2 considered the submissions of Sri.S.Shanavas Khan, learned counsel for the appellant and those of Sri.E.M.Joseph, learned standing counsel for the 3rd respondent Insurance Company, we are of the view that the learned Tribunal was a little miserly when it came to award compensation based on Exts. A9 and A10. We are of the considered view that the appellant/claimant is entitled to award of a further amount of Rs.10,000/- over and above what is awarded by the MACT under its award. Accordingly allowing the appeal in part, we award a further amount of Rs.10,000/- to the appellant as a compensation for the permanent partial disability he sustained as evident from Ext.A9 and A10. For the additional amounts, which are being awarded to him under this judgment, the appellant is entitled for interest from the date of the application till the date of payment at the rate of 7.5% per annum. In all other respects, the award of the MACT will stand confirmed. 3. It is made clear that for the amount awarded under this judgment, the appellant will not be entitled for interest at the rate granted under this judgment (7.5%) during the period of 1173 days condoned by our order dated 4/8/2009. Annex a MACT.No.99/2004 3 copy of the order dated 4/8/2009 to this judgment. The appeal will stand allowed to the above extent, but without any order as to costs. The amount awarded under this judgment will be deposited or paid within two months. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk