IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 MACA.No. 1541 of 2007() ---------------------------------- OPMV.259/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S):3RD RESPONDENT: ------------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ASST.MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY ----------------------------------------------------------------------------------------------------- 1. MOHANAN, S/O.KESAVAN, USHAS, VARANAD P.O., CHERTHALA. 2. SABU, KAMBIYKATHVELY, CHERUVARANAM, VARANAM P.O., CHERTHALA. 3. ANILKUMAR, S/O.KUNJU, MAPPILAVELY VEEDU, MUHAMMA P.O., CHERTHALA. R1 BY ADV. SRI.T.A.UNNIKRISHNAN. SRI.K.SATHEESH KUMAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/08/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ M.A.C.A.No.1541 of 2007 ---------------------------------------------- Dated, this the 14th day of August, 2009 J U D G M E N T K.M.Joseph, J. Appellant is the 3rd respondent in a petition filed under Section 166 of the Motor Vehicles Act. The accident took place on 28.1.2001. As against the claim for Rs.5 lakhs Rs.1,52,300 stands awarded. 2. We heard the learned counsel for the insurance company and learned counsel for the claimant. 3. The learned counsel for the appellant would contend that the Medical Board certified only 7 percent disability. But 15 percent is taken. He further contends that the Tribunal awarded Rs.25,000/- towards loss of earning power after awarding Rs.46,800/- towards permanent disability. Learned counsel for the respondent/claimant would point out that this is a case where the Medical Board certified 7 percent disability. It is stated that it is to be assessed by ENT specialist and the ENT specialist certified 15 percent. The claimant is an autorikshaw driver. 4. There is merit in the contention that after awarding Rs.46,800/- towards permanent disability the MACA 1541/2007 -2- Tribunal should not have granted Rs.25,000/- towards loss of earning power. This is a matter covered by a Full Bench decision of this Court in Oriental Insurance Co.Ltd. v. Hariprasad (2005 (4) KLT 977 (F.B). We notice that in this case the claimant is an autorikshaw driver and he is having hearing disability which will have serious consequences. In such circumstances by virtue of the Full Bench decision while modifying the award and interfering with fixation of compensation of Rs.25,000/- towards loss of earning power we would also modify the award further and direct that interest will be payable on the amount awarded less Rs.25,000/- at 7.5 percent from the date of the petition till realisation. Accordingly, the appeal is partly allowed and the Ist respondent is allowed to realise Rs.1,27,300/- but with 7.5 percent interest from the date of the petition till date of realisation from the appellant. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS