IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 MACA.No. 1843 of 2009(B) ----------------------- OPMV.1050/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S)/CLAIMANT: -------------------------------- PAISTON, S/O. MATHAI, THERUVAKATTIL HOUSE, POOKUMBERPARA BHAGOM, KARIMKUNNAM, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S)/RESPONENTS: ------------------------------------ 1. K.P. CHANDRAN, S/O. PONACHAN, KAZHAKKARA HOUSE, KARIKODE, THODUPUZHA, IDUKKI DT. 2. JOHNSON THOMAS, KANJIRATHINKAL HOUSE, OLAMATTOM,THODUPUZHA, IDUKKI DT. 3. ANISHKUMAR, S/O. AYYAPPAN, KIZHAKKEKARA HOUSE, KARIKODU KARA, KARIKODE VILLAGE, THODUPUZHA IDUKKI DT. 4. THE ORIENTAL INSURANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANAGER, THODUPUZHA IDUKKI DT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1843 OF 2009 = = = = = = = = = = = = = = = Dated this the 15th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)1050/03. The claimant, a 38 year old worker, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.61,600/- with 6% interest. A perusal of the award would reveal that he had sustained fracture on both bones of the left leg and he was treated as an inpatient in the hospital for a period of 18 days. He had undergone implant surgery and POP cast was also applied. He expended more than Rs.20,000/- for treatment expenses. I find from the award of the Tribunal that the Tribunal has been very considerate and sympathetic in granting the compensation but the learned counsel would contend that the Tribunal erred in fixing the income at Rs.2,000/-. Considering the present M.A.C.A. 1843 OF 2009 -:2:- wage set up in Kerala and the age of the person and the nature of avocation there is nothing wrong in fixing the income at Rs.2,500/- at least as the monthly income. It can be seen for a physical manual labourer there had been a fracture on both bones of the leg, implantation was necessary and his leg was under plaster cast and therefore it is certain that he would not have been in a position to do the work for about 20 weeks. Therefore I feel this is a fit case where the compensation for loss of earnings has to be enhanced by Rs.5,000/-. On all other heads reasonable amount is awarded. Learned counsel would contend that the rate of interest awarded is 6%. Consistently, now-a-days the the interest awarded is only 7.5% and at least that interest has to be awarded for the entire amount. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is bound to pay at the rate of 7.5% on the amount already awarded M.A.C.A. 1843 OF 2009 -:3:- by the Tribunal. The amount shall be deposited by the insurance company within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-