IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 MACA.No. 516 of 2010() --------------------------------- OPMV.988/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): ---------------------- SAHADEVAN S/O.KRISHNAN NIKARTHIL VEEDU, CMC 7 CHERTALA. BY ADV. SRI.T.B.SARASAN RESPONDENT(S): -------------------------- 1. BENNY S/O. KUTTAPPAN, MADATHILPARAMBU HOUSE, CMC 12, CHERTALA. 2. UMESH XAVIER JOHN, KONAKKAPALLIL PH WARD, ALAPPUZHA. 3. THE UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER,CHERTALA. R3 BY ADV. SRI.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 516 OF 2010 = = = = = = = = = = = = = = = Dated this the 27th day of January, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)988/04. The claimant sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.11,500/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. Learned counsel for the appellant very persuasively submits that in spite of a fracture on the tibia, for a labourer, the Tribunal has been not reasonable in granting the compensation. A perusal would show that a labourer by profession had sustained fracture to M.A.C.A. 516 OF 2010 -:2:- the left tibia and he was an inpatient in the hospital for five days. Thereafter plaster cast was applied. The accident had taken place in 2004 considering the wage set up I take the income at Rs.2,000/- and grant three months loss of earnings which enables the claimant to get an additional compensation of Rs.4,500/-. The Tribunal has only awarded Rs.6,000/- towards pain and sufferings. It is true that he had to be in bed for a long time as an outpatient. For that I enhance pain and sufferings compensation by Rs.4,000/-. Similarly this would have caused him loss of amenities and enjoyment in life. There would have been temporary disability as well. Therefore I enhance loss of amenities compensation also by Rs.3,000/- thus making an additional compensation of Rs.11,500/-. The Tribunal has only awarded an interest of 6% M.A.C.A. 516 OF 2010 -:3:- which is inadequate and as per the decision of the Hon'ble Supreme Court interest can be worked out at 7.5%. 3. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.11,500/- with 7.5% interest on the said sum from the date of petition till realisation. The respondent, insurance company is also made liable to pay interest at the rate of 7.5% for the amount already awarded by the Tribunal. The amount shall be deposited within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-