IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 MACA.No. 1459 of 2006() ----------------------- OPMV.1567/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- SATHI, AGED 28 YEARS, D/O.THNKAPPAN, PUTHUPURAKKAL HOUSE, MUDAVANCODE, KARAD P.O., MALAPPURAM DISTRICT. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): RESPONDENT ------------------------- 1. ERIYATTU KUZHIYIL ASHRAD, S/O.BEERAN, KOORAD P.O., WANDOOR, VIA, KOOLIPARAMBA, MALAPPURAM DISTRICT (DRIVER). 2. KULANGARA MUHAMMEDALI, S/O.SEETHI, VANIYAMBALAM P.O., VANIYAMBALAM, MALAPPURAM DISTRICT (OWNER). 3. UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH UP HILL, MALAPPURAM. ADV. SRI.S.ARUN RAJ FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. * * * * * * * * * * * * * M.A.C.A.No.1459 of 2006 ---------------------------------------- Dated this the 20th day of February 2009 J U D G M E N T BASANT,J The claimant before the Tribunal is the appellant before us. She claimed an amount of Rs.1,14,000/- as compensation for personal injuries suffered by her in an accident which occurred on 13/7/2000. She had suffered external injuries. There was a contusion in the frontal area. It had left behind a hemorrhagic contusion on the frontal lobe. She had undergone treatment as an in-patient for six days. She was aged 23 years. She claimed to be employed as a coolie. The claimant examined herself as PW2. Relevant documents were also marked. The tribunal on an anxious consideration of all the relevant inputs, came to the conclusion that the appellant is entitled to an amount of Rs.22,459/- as per the details shown below. Transport to hospital Rs.500/- Extra nourishment and Rs.1,600/- bystanders expenses Medical expenses Rs.2,859/- M.A.C.A.No.1459/06 2 Pain and suffering Rs.10,000/- Loss of earning for 6 months Rs.7,500/- Total Rs.22,459/- 2. The appellant claims to be aggrieved by the impugned award. Called upon to explain the nature of challenge which the learned counsel for the appellant wants to mount against the quantification of the amounts in the impugned award, the learned counsel for the appellant submits that the amount awarded under the head of pain and suffering is not sufficient. The learned counsel for the appellant further submits that the monthly income reckoned at Rs.1,250/- is also not adequate. We are unable to agree. There is nothing to show that the appellant was employed or was drawing any particular income though she claimed to be a coolie. The tribunal, in these circumstances, according to us, committed no error in reckoning the monthly earnings at Rs.1,250/- per mensum. Inadequacy, if any, in construing the monthly income is of no crucial consequence considering the fact that loss of earnings for six months has been awarded notwithstanding the fact that the injuries suffered are relatively minor and the period of treatment as in-patient was only six days. For pain and suffering an amount of Rs.10,000/- M.A.C.A.No.1459/06 3 has been awarded and we find the same to be absolutely reasonable. 3. We are, in these circumstances, satisfied that there is no merit in the challenge raised against the amount awarded under various heads shown above. The learned counsel for the appellant finally contends that the tribunal has grossly erred in directing a payment of interest only @ 6% per annum. Relying on precedents, it is urged that interest must be awarded atleast @ 7.5% per annum. We are inclined to agree with the learned counsel for the appellant. The appeal can succeed only to the above extent. 4. In the result, a) This M.A.C.A is allowed in part. b) It is directed that the appellant shall be entitled to interest @ 7.5% per annum from the date of the petition. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) jsr M.A.C.A.No.1459/06 4 M.A.C.A.No.1459/06 5 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009