IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 MACA.No. 1446 of 2005() ----------------------- OPMV.427/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONER ------------------------------------- KABEER, S/O.SULAIMAN, AGED 34 YEARS, THEKKILAKATHU HOUSE, PERUMPILLICHIRA KARA, KUMARAMANGALAM VILLAGE. BY ADV. SRI.P.NOOR SEMIR SRI.T.J.MICHAEL RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. ANIL.U.P., S/O.PANKAJAKSHAN, VETTATHU HOUSE, PURAPPUZHA.P.O., PARAPPUZHA VILLAGE, THODUPUZHA TALUK. 2. THE MANAGER, NEW INDIA ASSURANCE CO. LTD., MUVATTUPUZHA. BY ADV. SRI.PMM.NAJEEB KHAN - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1446 OF 2005 --------------------- Dated this the 17th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thodupuzha, in OP(MV) 427/02. The claimant sustained injuries in a road accident dated 31.3.02. According to him, he was a workshop mechanic aged 30 years having a monthly income of Rs.5,000/-. The Tribunal on consideration of the entire materials awarded him a compensation of Rs.10,000/-. It is against that decision, the present appeal is preferred by the claimant. 2. Learned counsel for the appellant had made available for perusal the wound certificate issued by the MOSC Medical Mission Hospital, Kolenchery and also a treatment certificate issued by the Chazhikattu Hospital. A perusal of these documents would reveal that he had sustained three abrasions namely on the forearm, right knee and left foot. He had also some crush injury on both lips and there was loosening of upper central incisors. The treatment certificate would reveal that he continued treatment as an inpatient for 3 days and thereafter as outpatient till 22.4.02 and he was found MACA No.1446/05 2 better. There is no further document produced in the case. The Tribunal awarded Rs.2,448/- for medical expenses and then consolidated and granted a sum of Rs.10,000/-. Learned counsel would contend that the said compensation is inadequate. It can be seen from the treatment records available that he had not suffered any serious injuries. The only injury which would have caused him some pain would be the lip injury. Taking into consideration those factors the Tribunal has awarded a compensation of Rs.10,000/- but has not categorised the compensation into different heads. Even if it is categorised, I feel the compensation will not exceed Rs.10,000/- for the injuries sustained. Therefore, I do not find any ground to interfere with the decision rendered by the Tribunal. But I find that the Tribunal has only awarded 6% interest which should have been atleast 7%. Therefore with the modification of enhancement of interest by 1%, the MACA is disposed of. On all other aspects the award of the Tribunal is confirmed. M.N.KRISHNAN, JUDGE vps MACA No.1446/05 3 MACA No.1446/05 4 MACA No.1446/05 5