IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 960 of 2008() ---------------------- OPMV.1695/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER ---------------------------------- MARIAKUTTY, W/O.JOSEPH, AGED 70 YEARS, RESIDING AT PADIKKEPADATH HOUSE, ODIYAPPARA KARA, VANAPURAM VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.M.B.SANDEEP RESPONDENTS/RESPONDENTS -------------------------- 1. SOBHA VIJAYAN, W/O.VIJAYAN, EDAPURAYIDATHU CHALIL HOUSE, KALAMPUR, ENANELLOOR POTHANIKADU. 2. SURESH, S/O.REMAKRISHNAN KUNJI, EDAPURAYIDATHU CHALIL HOUSE, KALAMPUR, ENANELLOOR POTHANIKADU. 3. UNITED INDIA INSURANCE COMPANY LTD., CITY BRANCH OFFICE, VETTUKATIL BUILDING, III FLOOR JOS JUNCTION, ERNAKULAM. ADV. SMT.K.C.BEENA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 960 OF 2008 --------------------- Dated this the 23rd day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) 1695/03. The claimant, aged 70 years, sustained injuries in a road accident and the Tribunal has awarded a total compensation of Rs.24,000/- with 9% interest per annum from the date of award till the date of deposit. The Tribunal found in favour of the claimant regarding the accident and directed the Insurance Company to pay the amount. 2. Heard the counsel for both sides. It is revealed from the documents produced that she had sustained fracture of the left femur and had undergone inpatient treatment in the hospital from the date of accident till 14.10.03. The Doctor issued disability certificate of 10% holding that there is restriction of movement on the hip joint and that she is not able to squat properly and there is a minimum displacement on account of the healed fracture of the pubic rami. The Tribunal took her income at Rs.1,250/- and awarded an amount of Rs.6,000/- towards loss of income. The Tribunal has taken the MACA No. 960/08 2 income of the claimant at Rs.15,000/-. Considering the fact that she is an aged lady having nobody to look after her, the Tribunal should have given the disability compensation by clubbing the disability compensation with the compensation for loss of amenities and enjoyment in life. When the income is taken at Rs.15,000/-, disability at 10% and applying a multiplier of 5, the disability compensation would come to Rs.7,500/-. When Rs.5,000/- is granted for loss of amenities, the compensation would come to Rs.12,500/- out of which Rs.6,000/- is already awarded for loss of amenities thereby making the claimant entitled to an additional compensation of Rs.6,500/-. 3. Learned counsel had pointed out to me that the award of interest is only from the date of award, which is not proper. It should have been given from the date of petition. The latest trend of the Apex Court's decision would indicate that the interest payable is at 7.5%. Therefore, I modify that also by reducing the interest to 7.5% but making it payable from the date of petition. In the result, the appeal is disposed of as follows: (i) The claimant is awarded an additional compensation of MACA No. 960/08 3 Rs.6,500/- with 7.5% interest on the said sum from the date of petition till realisation. (ii) For the compensation already awarded, the claimant will be entitled to claim interest only at the rate of 7.5% from the date of petition till realisation and not at the rate of 9%. (iii) The Insurance Company shall deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 960/08 4