IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 MACA.No. 1008 of 2007() ------------------------------------ OPMV.141/2000 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLNT/PETITIONER IN OP MV --------------------------------------------------- RADHA, AGED 53 YEARS, W/O.SUKUMARAN, RESIDING AT VAZHORAMALAYIL HOUSE, P.O. POONATHU (VIA), NADUVANNUR, AVIDAMALLOOR AMSOM, POONATHU DESOM, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS/RESPONDENTS IN OP MV --------------------------------------------------------------- 1. K.K. ASHRAF, AGED NOT KNOWN, S/O.KUTTIMAMMI, RESIDING AT KOKKARAKUNIYIL HOUSE, NADUVANNUR P.O., KOZHIKODE. *2. MUHAMMED BASHEER, AGED 26 YEARS, S/O.AHAMMED KOYA, RESIDING AT MANCHOLAKKAL MEETHAL HOUSE, P.O. ERANHIKKAL, KOZHIKODE. *(DELETED) * NAME OF THE 2ND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 25/02/2011 IN I.A. NO.544/2011. 3. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, KALLINGAL BUILDING, VADAKARA. R3 BY ADV. SRI.S.MAMMU. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1008 of 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 9th day of March, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.141 of 2000 on the file of the Prl. Motor Accidents Claims Tribunal, Kozhikode. In this appeal she challenges the judgment and award of the Tribunal dated October 7, 2006 awarding a compensation of Rs.3,750/- for the loss caused to her on account of the injuries sustained by her in a motor accident. 2. According to the claimant, while she was travelling in a jeep bearing registration No.KLL 3013 from Kannadipoyil to Balussery, it capsized due to the rash and negligent driving of the jeep by the second respondent. She sustained fracture of collar bone and swelling on right wrist. Alleging negligence against the second respondent driver of the offending jeep, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.60,000/-. 3. The first respondent, the owner of the offending jeep MACA 1008/2007 2 remained absent before the Tribunal. No notice was served on the second respondent. The third respondent, the insurer of the offending jeep, filed a written statement admitting the policy but disputed the liability. 4. Exts.A1 to A4 were marked on the side of the claimant. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the second respondent and awarded a compensation of Rs.3,750/- with interest @ 6%% p.a. from the date of petition till realization and cost of Rs.200/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second respondent, the driver of the offending jeep, is not seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. MACA 1008/2007 3 7. The Tribunal awarded a total compensation of Rs.3,750/-. Break up of the compensation awarded is as under:- Medical bills : Rs. 500 Pain and suffering : Rs. 1,500 Transportation and other : Rs. 750 incidental charges. Medical treatment : Rs. 1,000 ------------------ Total : Rs. 3,750 ======= 8. The learned counsel for the claimant has submitted that no compensation was granted towards disability caused. 9. The claimant sustained collar bone fracture as revealed from Ext.A2 wound certificate and Ext.A4. Taking into consideration all these aspects, we feel that an additional compensation of Rs.15,000/- would be reasonable for the fracture sustained by her. 10. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. As MACA 1008/2007 4 regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs.15,000/-. She is entitled to interest @ 7.5% per annum from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. The third respondent being the insurer of the offending jeep shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. The award of the Tribunal is modified to the above extent. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn