IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 MACA.No. 704 of 2006() ---------------------- OPMV.714/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/CLAIMANT: -------------------------- P. HAMEED ALI, S/O.MUHAMMED MASTER, PANATHAKKAM HOUSE, EDARIKODE P.O., TIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.A.KRISHNAN RESPONDENTS/RESPONDENTS: ----------------------------------- 1. UBAID, S/O. ABDU REHIMAN, THEKKUMURI HOUSE, PUTHIYANKAM, ALATHUR P.O., PALAKKAD. 2. THE MANAGING DIRECTOR, ANNA ROAD LINES, SHORNUR P.O., PALAKKAD. 3. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, FAIZAL BUILDING, MAIN ROAD, OTTAPPALAM. R3 BY ADV. SMT.VEENA ROSHAN JOSE SRI.A.R.GEORGE (BY ORDER OF COURT) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. ----------------------------------------------- M.A.C.A No. 704 OF 2006 ----------------------------------------------- Dated this the 13th day of March, 2009 JUDGMENT BASANT, J The claimant before the Tribunal is the appellant before us. He claimed an amount of Rs.1.5 lakhs as compensation for personal injuries suffered by him in an accident which occurred on 14.08.01. He is a driver by profession and aged 27 years. Both bones of the right tibia and fibula were fractured. He was an in-patient for a period of 14 days. There is nothing in evidence to show that he has suffered disablement. No oral evidence was adduced. Exts.A1 to A9 were marked. 2. The Tribunal on a detailed consideration of all the relevant inputs proceeded to pass the impugned award directing payment of an amount of Rs.66,000/- as per paragraph 13 of the award which we extract below: 1. Transport to hospital :Rs. 1,000/- 2. Expenses of bystander :Rs. 1,500/- 3. Medical expenses :Rs.29,000/- 4. Extra nourishment :Rs. 1,000/- 5. Damage to clothing :Rs. 500/- 6. Loss of earnings :Rs.10,000/- (6 x 3000) MACA: 704/06 -:2:- 7. Pain and suffering :Rs.10,000/- 8. Loss of amenities :Rs. 5,000/- ----------------- Total :Rs.66,000/- ========== 3. Called upon to explain the nature of challenge which the appellant wants to raise against the impugned award, the learned counsel for the appellant first of all contends that the interest is awarded only at the rate of 6% per annum. This is painfully low and unrealistic. Relying on precedents, it is contended that interest must have been awarded at lest 7.5 % per annum. We agree with the learned counsel. 4. The learned counsel for the appellant then contends that the amounts awarded under all other heads are not sufficient. His income has been reckoned at Rs.3,000/- only. He is proved to be a driver. The monthly income must have been reckoned at higher amount. We are unable to accept that contention. We are satisfied that the Tribunal has committed no error warranting appellate interference in reckoning the monthly income as Rs.3,000/-. Moreover we note that the monthly income becomes relevant only when ascertaining the quantum of compensation MACA: 704/06 -:3:- payable for loss of earnings. Even though the appellant was an in- patient for a period of 14 days, the Tribunal has indulgently awarded six months loss of earnings taking into consideration all relevant circumstances. In these circumstances, we are not persuaded to interfere with the impugned award on that score. 5. Learned counsel for the appellant next contends that under the head of pain and suffering only Rs.10,000/- has been awarded. Fracture has been suffered by both bones of the leg and the appellant was an in-patient for 14 days. We are satisfied in the circumstances that an amount of Rs.5,000/- more can be awarded under the head pain and suffering, considering the totality of the circumstances. We further note that the an amount of Rs.5,000/- has been awarded under the head loss of amenities, even though no physical disability is shown to have resulted. We are satisfied that the amounts awarded under no other head demands or warrants interference. 6. The above discussions lead us to the conclusion that the appellant is entitled for Rs.5,000/- as compensation under the head pain and suffering in addition to Rs.10,000/- already MACA: 704/06 -:4:- awarded. 7. We further direct that interest shall be paid on the entire amount of compensation at the rate of 7.5% per annum from the date of the petition till payment. 8. This appeal is accordingly allowed in part to the above extent. R. BASANT, JUDGE C.T. RAVIKUMAR, JUDGE ttb MACA: 704/06 -:5:- MACA: 704/06 -:6:-