IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 MACA.No. 1599 of 2004() --------------------------------- OPMV.438/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP.MV.: ----------------------- KUMARAN, S/O.KAVALAN, THACHANADAN HOUSE, MURINGOOR P.O. MUKUNDAPURAM TALUK, THRISSUR. BY ADVS.MR.P.V.BABY MR.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OPMV: -------------------------- 1. K.A.SHAJI, S/O.ABOOBACKER, KURUMBINI VALAPPIL HOUSE, THALASSERY P.O. DESAMANGALAM, VADAKKANCHERRY, THRISSUR. 2. NARAYANAN, S/O.SANKARAN NAIR, SARASWATHY NIVAS, AKATHETHARA P.O. PALAKKAD. 3. THE ORIENTAL INSURANCE CO.LTD., SOBHA T.S.M.COMPLEX, THRISSUR DISTRICT. 4. K.ACHUTHANKUTTY, KOLLAIKAL HOUSE, PAMBADY, THIRUVILWAMALA, THRISSUR DISTRICT. R3 BY ADV. DR.ELIZABETH VARKEY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1599 OF 2004 ............................................. Dated this the 7th day of September, 2009 J U D G M E N T This is an appeal preferred by the claimant for enhancement of the award in O.P.(MV).No.438/1998 of M.A.C.T., Irinjalakuda. The learned Tribunal after considering the materials has awarded Rs.19,000/= as compensation and directed the insurance company to pay the amount. I had been taken through the award and the learned counsel had also made available before me a certificate which is issued by PW2 as disability certificate at 13%. The Tribunal took the disability only as 2% and granted the compensation. A perusal of the disability certificate would show that the claimant had sustained swelling of right knee joint and had also a fracture on the head of the right fibula. He was managed and treated conservatively. On examination, the doctor had held that there is tenderness on the fracture side, limitation of movement and mild anterior lateral instability of the right knee and also there was limbing. According to the doctor, : 2 : M.A.C.A.NO.1599 OF 2004 this will cause disability to climb up and down, difficulty to walk for a long time and also will cause difficulty in carrying heavy weight. According to the Tribunal, 13% disability assessed by the doctor is on the higher side. 2. After considering the materials, I find that 5% can be fixed as disability, income at Rs.1,500/= per month and as the claimant is a labour aged 54 years the multiplier to be used is 11. The annual loss of earnings would come to Rs.900/= which when multiplied by 11 would be Rs.9,900/=. Out of this, an amount of Rs.4,000/= has been awarded and therefore he is entitled to an additional compensation of Rs.5,900/=. Similarly towards pain and suffering only an amount of Rs.5,000/= is awarded which I enhance to Rs.7,100/= so as to make an additional compensation of Rs.8,000/=. It is also contended that percentage of interest awarded is only 6 % whereas the interest now granted by the Apex court is 7.5% in the various decisions. 3. Therefore, the appeal is partly allowed and the claimant is awarded an additional compensation of : 3 : M.A.C.A.NO.1599 OF 2004 Rs.8,000/= with 7.5% interest on the said sum from the date of the petition till the realisation. The third respondent insurance company is directed to deposit the amount. It is also made clear that for the amount previously awarded also, the claimant will be entitled to interest at the rate of 7.5% and not 6% as stated. The deposit shall be made within 60 days from the date of receipt of a copy of this judgment. The appeal is disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.1599 OF 2004