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 31ST JULY 2009 / 9TH SRAVANA 1931 MACA.No. 401 of 2006() ---------------------- OPMV.1238/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONERS. ------------------------------------ SHIBU JOSEPH, S/O.V.F.JOSEPH, VALIYAPARAMBIL HOUSE, NALUKODY P.O. CHANGANACHERRY, KOTTAYAM. BY ADV. SRI.G.SUKUMARA MENON SMT.DEEPTHI S.MENON RESPONDENT(S): 3RD RESPONDENT. ------------------------------ THE NATIONAL INSURANCE CO.LTD., PALA, KOTTAYAM. ADV. SRI.E.M.JOSEPH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 401 OF 2006 -------------------------------------------- Dated this the 31st day of July, 2009 JUDGMENT Abdul Rehim, J. Appellant is the claimant before the Tribunal. He sustained injuries when a Car hit against the Motorcycle on which he was riding. Eventhough he claimed that he was employed as an accountant in Saudi Arabia during the time of the accident, no documents were produced either to prove his employment or his earnings during that time. The appellant sustained fracture to the right temporal region, brain oedema and contusion on both frontal lobes along with fracture to the right tibia. He was treated as inpatient for 20 days in the Hospital and thereafter continued treatment as outpatient for a considerably long period. Eventhough Ext.A2 disability certificate issued by a private Doctor was produced assessing the extent of disability at 25%, the Tribunal had not accepted the same observing that there is no proof to the effect that the doctor who had issued the certificate is competent to assess disability and also observing that the Doctor was not examined 2 and the certificate was not properly proved. 2. Heard learned counsel appearing for the appellant and standing counsel appearing for the respondent-insurance company. The appellant contended that the Tribunal went wrong in not granting any amount towards compensation for continuing permanent disability and loss of earning power and in not accepting the disability certificate produced. Considering the severeness of the injury sustained, especially head injury, we are persuaded to hold that injuries might have resulted in some sort of permanent disability. Eventhough the correct assessment with respect to the extent of disability is not available, on a moderate consideration we feel that awarding a consolidated sum of Rs. 25,000/- under the head of compensation for permanent disability and loss of earning power will only be just and reasonable to meet the ends of justice. Learned counsel for the appellant contended that the rate of interest at 6% per annum awarded by the Tribunal is on the lower side. We are inclined to increase the rate of interest from 6% to 7.5% per annum. In the result, appeal is partly allowed enhancing the total 3 compensation of Rs. 28,750/- awarded by the Tribunal by a further sum of Rs. 25,000/-. The original amount of compensation awarded by the Tribunal as well as enhancement granted in this appeal will carry interest at 7.5% per annum from the date of the claim petition till payment. The 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. kk 4