IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 MACA.No. 746 of 2007() ------------------------------------ OPMV.1461/1998 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): PETITIONER IN O.P(MV): ----------------------------------------------------------- MUHAMMED, S/O.PACKER, AGED 36 YEARS, RESIDING AT THACHOTTIL HOUSE, MURAMPATHI, KODENCHERY, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS IN O.P.(MV): ------------------------------------------------------------------- 1. SHAJU P.CHARLY, RESIDING AT CHALIL HOUSE P.O.VELLAMCODE, KOZHIKODE. (OWNER OF THE JEEP NO.KL-11/B-3179) 2. GEORGE MATHEW, S/O.MATHEW, RESIDING AT PUTHANKALAPURAYIL HOUSE, P.O.KOODATHAI, MAIKKAVU, KOZHIKODE. (DRIVER OF THE JEEP NO.KL-11/B-3179) 3. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE: VELIMANNA TOURIST HOME, THAMARASSERY, KOZHIKODE. (INSURER OF THE JEEP NO.KL-11/B-3179) R1 BY ADV. SMT.K.JASMIN BABY, SRI.R.SANJITH, SMT.LIJITTA G.MATHEW . THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss R.BASANT & M.C.HARI RANI, JJ. *********************** M.A.C.A No.746 of 2007-C ***************************** Dated this the 1st day of August, 2011 JUDGMENT BASANT, J. Claimant is the appellant. He claimed compensation for the personal injuries suffered by him in a motor accident which took place on 15.04.1998. He had suffered compound comminuted fracture of both bones of right leg upper 1/3. He was an inpatient for 70 days. He suffered permanent disability also as a result of the accident. 10% is the permanent disability suffered. 2. The Tribunal against a claim of Rs.4 lakhs awarded an amount of Rs.1,11,500/- as compensation as per the details shown below: Head of claim Amount awarded in Rs. Transportation 4000 Extra nourishment 5000 Damages to clothes 300 Bystander's expenses 7000 Pain and sufferings 25000 Medical expenses 12000 M.A.C.A No.746 of 2007-C 2 Head of claim Amount awarded in Rs. Loss of income 5000 (2000 X 2.5) Loss of amenities 10000 Permanent disability 43200 (2000 X 12 X 15X 10/100) Total 1,11,500 Interest was awarded only @ 6%. 3. Quantum is the only ground of challenge. Called upon to be specific, the learned counsel for the appellant assails the conclusion of the Tribunal that Rs.2,000/- per mensem can be reckoned as the monthly income as on 15.04.98. The appellant claims to be a soda maker. No better evidence was produced in support of his income. The Tribunal, in these circumstances, drew the presumption of prudence that the monthly income of the appellant can be reckoned at Rs.2,000/- per mensem. We are unable to find any such inadequacy/defect/error in that presumption of prudence drawn by the Tribunal. The challenge on this ground cannot succeed. 4. The only other ground of challenge raised by the learned counsel for the appellant is that interest has been awarded only at the rate of 6% per annum. The learned counsel argues and we agree that interest must have been awarded at M.A.C.A No.746 of 2007-C 3 least 7.5% per annum. To that extent, the challenge in this appeal succeeds. 5. In the result: a) This appeal is allowed in part; b) The impugned award is upheld in all other respects. But it is directed that interest shall be payable @ 7.5% per annum from the date of the claim to the date of deposit/realisation. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/