IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 MACA.No. 902 of 2005() --------------- OPMV.567/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA ................. APPELLANT / PETITIONER: --------------------------------------- RANI, W/O. PREMKUMAR, PUTHENVILA HOUSE, POOYAPILLI KARA, POOYAPILLI VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS / RESPONDENTS : ------------------------------------------------ 1. T. GOVINDAN, S/O. RAMAN, ADUKATHIL HOUSE, PANATHOOR KARA, HOSDURGU TALUK, KASARAGOD. 2. T.K. ABOOBACKER, S/O. ABDULLAH, THALIKUNDIL HOUSE, ALAMYLPALLY, KANJANGAD P.O. 3. NEW INDIA INSURANCE CO. LTD., KASARAGOD. R3 BY ADV. SMT. T.C. SOWMIAVATHY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn A.K. BASHEER & P.Q. BARKATH ALI,JJ. ........................................... M.A.C.A.NO.902 OF 2005 ............................................. Dated this the 13th day of January, 2011. J U D G M E N T Barkath Ali, J: Appellant in this appeal is the claimant in O.P.(MV) No.567/2001 on the file of the Motor Accidents Claims Tribunal, Thodupuzha. In this appeal, she challenges the judgment and award of the Tribunal dated November 29, 2004 awarding a compensation of `2,30,850/= for the loss caused to her on account of the injuries sustained by her in a motor accident. 2. The accident happened on February 11, 2001. While the claimant was riding her motor cycle, she was knocked down by the bus bearing Reg.No.KE 14B 4140 at Pampanar junction near Thodupuzha. She sustained the following injuries in the accident: “Communited fracture lower 1/3 of tibia right side and contusion over right calf middle”. 3. Alleging negligence against the first respondent, the : 2 : M.A.C.A.NO.902 OF 2005 driver of the bus, the claimant filed the original petition before the Tribunal claiming a compensation of Rs.5,00,000/=. 4. Respondents 1 to 3 were the driver, owner and insurer of the offending bus at the time of accident. Respondents 1 and 2 remained absent before the Tribunal. Third respondent filed a written statement admitting the policy of the offending vehicle. Exts.A1 to A11 were marked on the side of the claimant. Ext.B1 and B2 were produced by the contesting third respondent before the Tribunal. On an appreciation of evidence the Tribunal found that the accident happened due to the negligence of the first respondent and awarded a compensation of Rs.2,30,850/= with interest at the rate of 6% per annum from the date of petition till realisation and proportionate costs. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the first respondent, driver of the offending bus, is not : 3 : M.A.C.A.NO.902 OF 2005 challenged in this appeal. Therefore, the only question that arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of `2,30,850/=. Taking into consideration nature of the injuries sustained by the claimant and the period of treatment the claimant has undergone and that she was aged 29 at the time of the accident, we feel that the compensation awarded by the Tribunal is just and reasonable. It follows that she is not entitled to any enhanced compensation. 8. There is another aspect in this case. The Tribunal awarded interest only at the rate of 6% per annum which appears to be very low. The claimant is entitled to interest at the rate of 7.5% per annum from the date of petition till realisation for the compensation awarded by the Tribunal. In the result, the appeal is disposed of as found above. A.K. BASHEER, JUDGE. P.Q. BARKATH ALI,JUDGE. cl : 4 : M.A.C.A.NO.902 OF 2005