IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 MACA.No. 495 of 2008() --------------------------------- OPMV.502/2002 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE OP(MV): ----------------------------------------------------------- MUHAMMED RAFI N.P., S/O. MUHAMMED KOYA, AGED 23 YEARS, KANIYAMKANDI PARAMBA, ERANHIPALAM P.O., CALICUT. BY ADV. MR.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS IN THE OP(MV): --------------------------------------------------------------------- 1. BIJU, S/O. BALAN, CHOORANKUNNI VAYALIL HOUSE, S.V.COLONY,KOZHIKODE, OWNER KL-11/D-6897 AUTORICKSHAW. 2. PRAKASAN, S/O. GOPALAN, AGED 35 YEARS, NADAPPARAMBATH HOUSE, NELLIKODE, CALICUT, DL.NO.5721/84D, BADGE NO.14091/84, DRIVER KL-11/D-6897 AUTORICKSHAW. 3. THE ORIENTAL INSURANCE CO. LTD., MAVOOR RAOD, CALICUT, POLICY NO.2001/7452, VALID UPTO 22/11/2001 INSURER OF KL-11/D-6897 AUTORICKSHAW. R3 BY ADV. MR.VPK.PANICKER. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.495 OF 2008 ............................................. Dated this the 20th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.502/2002. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.4,000/=. The Tribunal has given the right of recovery to the insurance company from the owner on satisfaction of the award. Before me only the appellant and the insurance counsel had appeared and I am proceeding to dispose of the matter as follows: 2. Three documents were produced before the Tribunal as Exts.A1 to A3 of which Ext.A1 is the FIR, Ext.A2 is the wound certificate and Ext.A3 is the medical prescription. I find that the Tribunal was not prepared to accept the endorsement in the wound certificate regarding fracture of cervical neck of the humerus. I am afraid that it may not be correct to suspect everything unless there is basis for the same. The National Hospital at Kozhikode is a reputed private hospital wherein the claimant was admitted : 2 : M.A.C.A.No.495 OF 2008 immediately after the accident. The indication did show that he had swelling and tenderness over the right shoulder. He was advised to take X-ray of the shoulder and it revealed fracture of the cervical neck of humerus. He was treated as an outpatient. I do not find any suspicious circumstance in the document to suspect the correctness of the fracture which was found by radiological examination. It is true that the court should have been summoned if there was any doubt for anybody regarding the correctness of the same. But nobody has chosen to do that and the wound certificate is prepared in hospital as per the Government order and it has got sanctity attached to it and the responsible person has signed the wound certificate as well. So, I do not further elaborate. I accept the case in the wound certificate regarding the fracture of the cervical neck of humerus. Then I proceed to decide the compensation. 3. It is stated that the young man was aged 18 years and even if notional income of Rs.1,250/= is taken, he would have been deprived from doing any work for a period of 6 to 8 weeks especially for the fact that it was his right : 3 : M.A.C.A.No.495 OF 2008 humerus that has been affected. I grant Rs.2,500/= towards loss of earnings. Towards medical and all other expenses which are incidental, I award a sum of Rs.1,000/=. Towards pain and sufferings, I award a sum of Rs.5,000/= and the fracture of the humerus would have certainly caused him temporary loss of amenities for a period of 6 to 8 weeks for which I award Rs.2,000/= thereby entitling the claimant to have a total compensation of Rs.10,500/=, out of which Rs.4,000/= has been granted and therefore, he is entitled to an additional compensation of Rs.6,500/=. The Tribunal has awarded only 6% interest which is inadequate and as per the decisions of the Hon'ble Supreme court a reasonable interest of 7.5% can be granted. 4. Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,500/= with 7.5% interest on the said sum from the date of the petition till realisation. The claimant is also entitled to interest at the rate of 7.5% for the amount already awarded. The insurance company on satisfaction of the award so ordered is entitled to get reimbursement of the said amount : 4 : M.A.C.A.No.495 OF 2008 from the owner of the vehicle by execution of the same award. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 5 : M.A.C.A.No.495 OF 2008