IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 MACA.No. 473 of 2010(C) ---------------------- OPMV.1700/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): CLAIM PETITIONER -------------------------------------- SREEKANDAN NAIR, S/O. APPUKUTTAN PILLAI, MOOZHITHALA VEEDU, THUNDATHIL.P.O, KARYAVATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): RESPONDENTS ------------------------------------ 1. AJITHKUMAR, S/O. GOPINATHAN, 503, POCKATHU VEEDU, A.P. WARD 3, AVALOOKKUNNU.P.O, ALAPPUZHA. 2. UNITED INDIA INSURANCE CO. LTD., ALAPPUZHA BRANCH, REP. BY ITS MANAGER. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 473 OF 2010 = = = = = = = = = = = = = = = Dated this the 30th day of June, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)1700/04. The claimant has met with a road accident and the Tribunal awarded him a compensation of Rs.20,528/-. Dissatisfied with the same he has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant. A perusal of the award make it crystal clear that what the petitioner had sustained is a fracture of the 3rd meta carpel. He is an employee of the State Water Transport Department and was on leave for almost two months. The Tribunal calculated the actual loss claimed by him and awarded Rs.7,528/- under that head. The Tribunal awarded a reasonable compensation of Rs.6,000/- for pain and sufferings, Rs.4,000/- for loss of amenities besides awarding compensation for transportation, damage to clothing and extra nourishment. By any stretch of imagination it cannot M.A.C.A. 473 OF 2010 -:2:- be said that it is inadequate. It is only just and reasonable for a small fracture sustained to the petitioner. Therefore that finding of the Tribunal does not call for any interference. Then the learned counsel for the appellant persuasively submits regarding the lower rate of interest. I agree with him in the light of the decision reported in Tamil Nadu State Transport Corporation Ltd. v. Rajapriya(2005 (2) TAC 305) wherein the Apex Court held that the interest has to be granted at the rate of 7.5%. Therefore the appeal is disposed of confirming the amount awarded but modifying the rate of interest at 7.5% instead of 6% on the amount awarded. M.N. KRISHNAN, JUDGE. ul/-