IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 MACA.No. 2103 of 2005() ----------------------- OPMV.254/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPELLANT/RESPONDENT ---------------------------------- STATE EXPRESS TRANSPORT CORPORATION, TAMILNADU LTD., CHENNAI-2, REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): CLAIMANT AND RESPONDENTS --------------------------------------- 1. A.GOPALAKRISHNAN PILLA, S/O.AYYAPPAN PILLA, PARVATHY BHAVAN, KANNANMOOLA, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM. 2. S.PANEER SELVAN, S/O.SUNDARA REDDIAR, C.R.PALAAYAM, SIRUGANOOR, LALGUDI TALUK, TRICHY DIST. 3. R.ANNADURAI, S/O.RAJI PANICKER, KIZHIVALAM, ARYAAKKOM POST, MADURAI DESOM, TAMIL NADU. 4. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., KANCHIPURAM, CHENNAI. R1 BY ADV. MR.PIRAPPANCODE .S.SUDHIR R4 BY. MR. RENI ANTO KANDAMKULATHY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO. 3627/2005 IN MACA. NO.2103/2005 DISMISSED 13.10.2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2103 OF 2005 = = = = = = = = = = = = = = = Dated this the 13th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV) 254/98. The claimant, an employee sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.39,050/- with 9% interest. Paragraph 10 of the award deals with nature of injuries. On account of the injuries sustained he was on leave for 84 days and the Tribunal has only awarded a very reasonable amount of Rs.16,800/- towards loss of earnings even after taking the over time work etc. Similarly the Tribunal has awarded only a very nominal amount towards hospital expenses, damages to clothing and extra nourishment. It has also only granted Rs.10,000/- towards pain and sufferings. It did not give any compensation for loss of earning capacity or permanent disablement but awarded a sum of Rs.8,000/- towards loss of amenities which considering the nature of injuries M.A.C.A. 2103 OF 2005 -:2:- sustained only reasonable. Therefore nothing is there to interfere with the quantum awarded by the Tribunal. 2. So far as the interest is concerned I am inclined to reduce it to 7.5% with a rider that if the balance amount is not deposited within 60 days from the date of receipt of a copy of the judgment the claimant will be entitled to 9% interest as ordered by the Tribunal. 3. In the result the MACA is disposed of confirming the amount awarded but reducing the interest to 7.5% with a further condition that the entire amount has to be deposited within a period of sixty days from the date of receipt of a copy of the judgment failing which the claimant will be entitled to claim 9% interest as ordered by the Tribunal. M.N. KRISHNAN, JUDGE. ul/-