IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 MACA.No. 417 of 2003(D) ---------------------- OPMV.1374/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPELLANT/3RD RESPONDENT: --------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY THE ASST. ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, ERNAKULAM, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S): APPLICANTS & RESPONDENTS 1,2,4 & 5 RESPECTIVELY: --------------------------------------------------------------------------------- 1. SHABINA ASHMY MOOSA, AGED ABOUT 34 YEARS D/O. DR.MOOSA A.BACKER, A 107, KOTTARAM HOUSE, KANAKA NAGAR, KOWDIAR VILLAGE, THIRUVANANTHAPURAM. * 2. THANKACHAN,(DELETED) MULAKALA, PUNALOOR (LEGAL HEIR OF THE DECEASED CAR DRIVER, SHAJIMON). (THE NAME OF 2ND RESPONDENT IS DELETED FROM PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DT.3.3.04 IN IA 664/04) 3. N.NANDAKUMAR, LAKSHMI BHAVAN, BEACH ROAD, THAMARAKKULAM, KOLLAM (OWNER OF THE MARUTI CAR - KL-1/G 339). 4. P.RAJA, S/O. PALANI SWAMY, KUTTIVEDISAMVATTI, KRISHNAGIRI, DHARMAGIRI, TAMILNADU (ASTC BUS BEARING NO.TN-29 N/708). 5. ANNAI SATHYA TRANSPORT CORPORATION LTD., REP. BY ITS MANAGING DIRECTOR, SALEM ROAD, DHARMAPURI, TAMILNADU-636 705 (OWNER OF THE BUS TN-29 N/708). ADV. SRI.P.A.ABDUL JABBAR(CAVEATOR) FOR R1 SRI.MADATHIL S.ANILKUMAR FOR R5 SMT.D.JAMEELA DEVI FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & V.K.MOHANAN, JJ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No. 417 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of August 2008 JUDGMENT RAMACHANDRAN NAIR,J Heard learned counsel for the appellant and learned counsel for the first respondent. Insurance Company has filed this appeal complaining that the compensation awarded is excessive and arbitrary. 2. The main ground raised is against the estimation of monthly income at Rs.10,000/- for the purpose of compensation for partial permanent disability suffered by the first respondent in the accident. Counsel for the first respondent submitted that first respondent, at the time of accident, was a final year MBBS student and on account of the accident, her education suffered. However she had completed the course and presently she is a doctor. We do not find any ground to interfere with the notional income fixed at Rs.10,000/- for a final year medical student. 3. So far as compensation awarded under various other heads, we feel some interference is called for. In the first place compensation awarded for loss of amenities in life is Rs.2.75 lakhs. MACA No. 417/03 -:2:- Besides this Rs.1lakh is granted for pain and suffering and Rs.1 lakh for loss of marital prospectus. Therefore we feel the amount awarded towards loss of amenities is the high side. We reduce this amount to Rs.1lakh. Consequently, there will be a reduction of Rs.1.75 lakhs from the compensation awarded by MACT for loss of amenities. Besides this, we feel interest awarded at 9% is against several judgments of Supreme Court and considering the judgments of Supreme Court, we reduce the rate to 7.5% from the date of application till date of deposit. Appeal is allowed to the above extent. C.N.RAMACHANDRAN NAIR, JUDGE V.K. MOHANAN, JUDGE ttb