IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 MACA.No. 936 of 2007(A) OPMV.1867/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER P.USHA, D/O PHALGUNAN, AGED 23 YEARS, RESIDING AT CHEMBUVEETTIL HOUSE, FEROKE P.O., NALLUR, KOZHIKODE. BY ADV. MR.A.V.M.SALAHUDDEEN RESPONDENTS/ RESPONDENTS 1. ABDUL NAZER.N, S/O MARAKKARKUTTY, RESIDING AT NELLIYOTH HOUSE, CHERUKATTU THAZHAM PARAMBU, P.O.THIRUVANNUR, KOZHIKODE (OWNER OF THE MOTOR CYCLE NO.KL-11/L8237) 2. THE ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE.II, PRAMOD BUILDING 2ND FLOOR, CHEROOTTY ROAD, KOZHIKODE.(INSURER OF THE MOTOR CYCLE NO.KL-11/L-8237). R2 BY ADV. MR.V.P.K.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.936 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of DECEMBER, 2009 J U D G M E N T Raman, J. 1. Appellant is the applicant in OP(MV) No.1867 of 2002 on the file of Motor Accidents Claims Tribunal, Kozhikode, who is the injured in a motor accident. She was a pedestrian who was hit by a motor cycle ridden by first respondent. Negligence was proved. Though a total compensation of Rs.2,00,000/- was claimed, only an amount of Rs.53,000/- is awarded. Seeking enhancement of the award amount, the claimant has come up in appeal. 2. The income of the injured was estimated at Rs.1,000/-. According to the appellant, she was a Stenographer, and was earning more than Rs.5,500/- per month. But no evidence either oral or documentary, was adduced. The appellant has a grievance that oral evidence M.A.C.A. No. 936 of 2007 2 was not permitted to be adduced. In the absence of better evidence, we cannot fully accept the same. But all the same, the complaint raised against the tribunal is not an isolated instance. Hence it cannot be totally disbelieved also. The income assessed by the Tribunal is only Rs.1,000/- which is considered to be too low. Accordingly, we refix it at Rs.2,000/-. The loss of earning for three months, at the rate of Rs.2,000/- per month, will come to Rs.6,000/- as against Rs.3,000/- awarded. Hence, the balance amount of Rs.3,000/- is awarded under this head. 3. The appellant suffered head injury, though Ext.C1 Disability Certificate produced, shows a disability of 25%, as assessed by the Medical Board, nobody was examined to prove the same. The Tribunal has referred to Ext.C1 and found that too much reliance on Ext.C1 could not be made, since the disability was assessed on the ground of post head injury. However, the medical certificate issued by a Medical Board, cannot be brushed aside in total. Since no M.A.C.A. No. 936 of 2007 3 compensation is awarded towards the disability, we award a sum of Rs.15,000/- under this head. We find that compensation has been awarded adequately under all other heads. 4. In the result, the appellant will be entitled for an additional compensation of Rs.18,000/-. Since the Tribunal has only awarded interest at the rate of 6% per annum, we direct to pay interest at the rate of 7% per annum. The insurance company will satisfy the award, by depositing the amount within 6 weeks from the date of receipt of a copy of this Judgment. P.R.RAMAN, JUDGE P.R. RAMACHANDRA MENON, JUDGE nl