IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 MACA.No. 935 of 2005() -------------------------------- (AGAINST THE JUDGMENT DATED 23.11.2004 IN OPMV NO.655/1999 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA. 0 APPELLANT(S): /PETITIONER IN OP.MV. -------------------------------------------------------- LIJU CHANDRAN, S/O.CHANDRAN, PARAKKULAM HOUSE, KALLETTUMKARA P.O. MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY RESPONDENT(S): RESPONDENTS IN OP.MV. --------------------------------------------------------------- 1. P.S.HARIDAS, S/O.SUBRAMANIAN, PARAPPURATH HOUSE, MALA, PALLIPPURAM. 2. SHIBU, S/O.FRANCIS, PALLIPPAT HOUSE, AMBAZHAKKAD P.O. KURUVILASSERY. 3. THE MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., NORTH NADA, KODUNGALLUR. R3 BY ADV. DR.ELIZABETH VARKEY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/07/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ M.A.C.A.No.935 of 2005-D ---------------------------------------------- Dated, this the 20th day of July, 2009 J U D G M E N T K.M.Joseph, J. The appellant who was a 22 year old B.Com student suffered injury in a motor accident and he filed petition under Section 166 of the Motor Vehicles Act. The Tribunal has awarded Rs.31,885/- with 6 percent interest. Aggrieved by the quantum, this appeal is filed by the claimant. 2. We heard the learned counsel for the appellant and learned counsel for the insurance company. 3. The learned counsel for the appellant would submit that the Tribunal has erred in not granting any amounts towards disability. He points out the nature of injuries. They are as under:--Head injury, right frontal hemorrhagic contusion with frontal bone fracture, left mastoid hemorrhagic left temporal small extra dural haematoma with pneumocephalus, sub archnoid hemorrhage fracture roof and lateral wall of right orbit. 4. Learned counsel for the appellant would submit that actually the certificate showing disability at 10% was produced before the Tribunal, but, it was not marked. MACA No.935/2005 -2- Learned counsel for the respondent insurance company was showed the certificate. He does not oppose just compensation being awarded on the basis of this certificate. 4. The appellant was in hospital for eight days. But, at the same time, the nature of the injuries shows that we can fix the percentage of disability at 7%. On the said count the appellant is entitled to a sum of Rs.17,850/- towards disability which is rounded of to Rs.18,000/-. Accordingly, the appeal is allowed in part, the award is modified and the appellant is allowed to recover Rs.18,000/- more with interest at 7.5 percent from the date of the petition till the date of realisation from the third respondent. Appellant is also entitled to interest at 7.5 interest on the amount already awarded. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS