IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 MACA.No. 1634 of 2006() ----------------------- OPMV.1643/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) -------------------------------------------- PANKAJAKSHI, W/O.SUBRAMANIAN, PALLADAN HOUSE, ELINJIPRA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. E.D.ANTONY, S/O.DEVASSY, EDASSERY HOUSE, MARAGADAM, KARUKUTTY P.O. 2. MANAGER, ORIENTAL INSURANCE CO.LTD., ANGAMALY. ADV. SRI.M.JACOB MURICKAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1634 of 2006 .................................................................... Dated this the 7th day of August, 2009. JUDGMENT Abdul Rehim, J. The claimant before the Tribunal is the appellant. She is seeking enhancement of the quantum of compensation awarded. She was knocked down by a goods vehicle while standing on the side of a public road. She sustained very severe head injury with fracture of temporal bone and fracture of left clavicle along with other injuries. The Tribunal awarded a total compensation of Rs.76,754/-. 2. Heard learned counsel appearing for the appellant and Standing Counsel for the second respondent-Insurance Company. The appellant contended that inspite of production of disability certificate certifying that the appellant had permanent disability at 10%, the Tribunal had fixed only 7% disability for computation. It is further contended that the amount awarded under different heads like pain and suffering, compensation for loss of amenities and enjoyment in life etc. are on the lower side. 2 3. On an anxious consideration of the award, we find that the Tribunal has not stated any particular reason for adopting disability as 7%. Considering the sever nature of the head injury sustained, we are of the opinion that the extent of disability assessed in Ext.A14 certificate can be accepted. Calculated on the above basis, the appellant is entitled to get compensation for permanent disability refixed as Rs.27,000/- (1500 x 12 x 15 x 10%). This will entitle the appellant for an additional sum of Rs.8,100/-. In our considered opinion the amount of Rs.4,000/- awarded under the head of loss of amenities and enjoyment in life need enhancement to Rs.10,000/-, resulting in an addition of Rs.6,000/-. Thus the appellant is entitled for total enhancement of Rs.14,100/-(Rs.8,100/- + Rs.6,000/-). We are also persuaded to increase the rate of interest from 6% to 7.5% p.a. 4. In the result, the appeal is partly allowed enhancing the total compensation of Rs.76,754/- awarded by the Tribunal by a further sum of Rs.14,100/-. The amount of compensation awarded by the Tribunal as well as the enhancement granted in this appeal will carry interest at 3 7.5% p.a. from the date of claim petition till payment. The second respondent-Insurance Company is directed to make payment of the amount within a period of three months. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms