IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 MACA.No. 1104 of 2007 ----------------------- ( OPMV.3384/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ) .................... APPELLANT/PETITIONER ----------------------------------- LOHITHAKSHAN P.K., S/O. KUNHIKRISHNAN, AGED 44 YEARS, KOYAKKOTTU HOUSE, AVIDANALLOR P.O., NADUVANNOR - VIA, KOZHIKODE. BY ADV. SRI.JIJI THOMAS SMT.SMITHA JIJI PAMBACKAL RESPONDENTS/RESPONDENTS: ---------------------------------- 1. K.C.MUHAMMED, KAVUNGAL CHIRAKKAL HOUSE, CHELMBRA P.O., MALAPPURAM. 2. THE NEW INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, SILVER PLAZA BUILDING, I.G.ROAD, KOZHIKODE. R2 BY ADV. SRI.P.G.GANAPPAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. .............................................................................. M.A.C.A. No. 1104 OF 2007 ......................................................................... Dated this the 13th November, 2009 J U D G M E N T P.R. Raman, J: The appellant who was injured in a motor accident claimed an amount of Rs. Two lakhs by way of compensation. The appellant, at the relevant time, was 30 years of age and while he was standing on the road, a bus bearing registration No. KRD 900 came in a rash and negligent manner and dashed against him and he sustained injuries. Exts.A1 to A8 were marked on the side of the petitioner. No oral evidence was adduced. Based on Ext.A1 (copy of the FIR) and in the absence of any contra evidence, the negligence was found against the bus driver(first respondent). That has become final. 2. Compensation was worked out and an amount of Rs.22931/- was awarded under different heads with interest at the rate of 6%. According to the appellant, no compensation was awarded towards 'loss of earning'. It is also contended that compensation awarded towards 'loss of amenities' is too low. It M.A.C.A. No. 1104 OF 2007 2 is also submitted that compensation awarded to an extent of Rs.10,000/- for loss of five teeth is also on the lower side. 3. We have considered the arguments and we find that in the absence of better evidence, compensation awarded towards loss of teeth, in any way, is not grossly inadequate. But the claimant has been awarded only a sum of Rs.2000/- towards 'loss of amenities'. Considering the nature of the injuries and the treatment, both as inpatient and out patient together for three months would entitle him for a higher compensation under this head. Accordingly, we award a further sum of Rs.3000/- (Rupees three thousand only) under the head 'loss of amenities'. No compensation is seen awarded towards 'loss of earning'. There is no proof regarding his income. Therefore, we fix a notional income at Rs.2000/- and for a period of three months towards 'loss of earning', we award an amount of Rs.6000/- (Rupees six thousand only). Thus, the claimant will be entitled for a total sum of Rs.9000/- (Rupees nine thousand only) with interest at 7% per annum from the date of the petition till realisation. M.A.C.A. No. 1104 OF 2007 3 4. We notice that the Tribunal has awarded only 6% interest for the award amount. We find that the interest awarded is too low. He is entitled for interest at the rate of 7% from the date of the petition. In the result, the following modifications are made to the award: (i) The compensation awarded by the Tribunal will carry interest at the rate of 7% per annum. (ii) The claimant/appellant will be entitled for an additional amount of Rs. 9000/- (Rupees nine thousand only) which will also carry the same interest, i.e. 7% per annum. The Appeal is allowed as above. P.R. RAMAN, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk