IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 MACA.No. 2221 of 2006() ----------------------- OPMV.169/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV) --------------------------------------------- POULOSE, S/O. OUSEPH, PULLUPARAMBIL HOUSE, ALOOR DESOM, ALOOR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------- 1. N.C.MANOJ, NAMBIAMTHARA HOUSE, VEMBALLORE P.O. 2. BAIJU, S/O. KRISHNANKUTTY, EDATHADAN HOUSE, ALOOR P.O. 3. MANAGER, ORIENTAL INSURANCE CO. LTD., CHALAKUDY. 4. ALPHONSA VARGHESE, PERUMAYAM HOUSE, KANJOOR, KALADY P.O. 5. JAYAN, PARAPPURATH HOUSE, PADIYOOR P.O. 6. MANAGER, UNITED INDIA INSURANCE CO. LTD., IRINJALAKUDA. ADV. SRI.MATHEWS JACOB SR FOR R6 SRI.P.JACOB MATHEW FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2221 OF 2006 ............................................. Dated this the 1st day of December, 2009 This is an appeal preferred against the award of the Claims Tribunal, Irinjalakkuda in OP(MV)No.169/2001. The claimant , a 26 year old worker, sustained injuries in a road accident and he has been awarded a compensation of Rs.19,600/= with 6% interest. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as counsel for the 6th respondent. A perusal of the award would reveal that the claimant had sustained fracture of the scapula and he had a lacerated wound over the cerebral part of forehead. He had also haematoma and there was also superficial abrasions all over the body. He was treated as inpatient in a hospital from 14.10.2000 to 21.10.2000. I feel, the enhancement can be granted under the following heads: 3.Considering the year of the accident, age of the person and the nature of work, I fix his income at Rs.2,000/= per mensum which will make an additional compensation of : 2 : M.A.C.A.No.2221 OF 2006 Rs.1,000/= more. Similarly, I enhance the compensation for pain and sufferings by Rs.1,000/= and also for loss of amenities by Rs.2,000/= for the reason that he had a fracture coupled with cerebral haematoma. Therefore, the claimant is entitled to an additional compensation of Rs.4,000/=. The Tribunal has awarded only 6% interest which is inadequate. The rate of interest shall be 7.5% considering the date of award as 2007. 4. Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,000/= with 7.5% interest on the said sum from the date of petition till realisation and respondents 3 and 6 are made liable to pay the amount in equal halves. It is also made clear that for the entire amount awarded, they are liable to pay interest at the of 7.5% in stead of 6%. The insurance companies shall deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.2221 OF 2006 : 4 : M.A.C.A.No.2221 OF 2006