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 THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 MACA.No. 1415 of 2006(F) ----------------------- OPMV.1673/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP(MV): ------------------------------------ MANOJ, S/O.SUBRAMANIAN NAMBOODIRI, PARAMBU MANA HOUSE, CHENGAMANAD, DESOM P.O., ALWAYE TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. VENUGOPAL.P., EZHIKODE HOUSE, DESOM P.O. 2. MANAGER, ORIENTAL INSURANCE CO.LTD., ALWAYE. ADV. SRI.MATHEWS JACOB (SR) FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No.1415 of 2006 ------------------------------------- Dated this the 30th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. The claimant in OP(MV) 1673/2000 on the files of the Motor Accidents Claims Tribunal, Irinjalakkuda, is in appeal, seeking enhancement of compensation awarded. The appellant sustained injury while travelling on the pillion of a motor cycle driven by 1st respondent which fell into a gutter and overturned. The appellant was thrown out and sustained serious injuries like comminuted fracture of right tibia with ligament injury and abrasions on various other parts of the body. The injury sustained to the appellant had resulted in continuing permanent disability which is assessed through Ext.A11 certificate issued by PW2, as 12%. Eventhough the appellant claimed that he was working as a Poojari and he was getting monthly income at the rate of Rs.3000/-, no documentary evidence was produced to substantiate the claim. Hence the Tribunal adopted monthly income of the appellant at Rs.1500/- per month for determining compensation on account of permanent disability. 2. Heard, learned counsel for the appellant and Standing MACA.1415/06 2 Counsel appearing for the 2nd respondent/Insurance company. The appellant contended that inspite of specific proof regarding assessment of disability as 12%, the Tribunal without any basis has adopted the extent of disability only at 7%, for the purpose of computation of compensation under the head of permanent disability and loss of earning power. It is also contended that the amounts awarded under the heads of loss of amenities and enjoyments in life and under various other heads are unrealistic and inadequate. Further contention is that the rate of interest granted by the Tribunal at 6% is on the lower side. 3. On an anxious consideration we find that Ext.A11 disability certificate was proved by the appellant through examination of PW2 Doctor (PW3 as per appendix). It has come out in evidence that the appellant is having difficulties to stand for a long time or to run or to jump. The extent of disability is assessed in the certificate as 12%. But the Tribunal without assigning any particular reason observed that those difficulties may not cause 12% permanent disability and re-fixed the extent of disability at 7% without any basis. The method adopted by the Tribunal is not proper in our view. Hence we are inclined to accept Ext.A11 certificate and to re-fix the extent of permanent disability at 12%. On that basis the amount of compensation MACA.1415/06 3 under the head of permanent disability and loss of earning power need be re-fixed as Rs.38,880/-. (1500 x 12 x 18 x 12%). This will entitle the appellant for an additional sum of Rs.16,200/-. On an evaluation of the evidence we do not think that any interference is called for with respect to amounts awarded under various other heads. Learned counsel for the appellant also contended that the rate of interest at 6% awarded is on the lower side. We are inclined to increase the rate of interest at 7.5%. In the result the appeal is partly allowed enhancing the total compensation of Rs.73,533/- awarded by the Tribunal by a further sum of Rs.16,200/-. The original amount as well as the enhancement granted in this appeal will carry interest @ 7.5% from the date of claim petition till payment. The 2nd respondent/Insurance company will make payment of the amount within a period of 2 (two) months from the date of receipt of this Judgment. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb