IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 MACA.No. 1524 of 2005 ----------------------- ( OPMV.647/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM ) APPELLANT/PETITIONER: ----------------------------------- MUHAMMED BASHEER @ KABEER, KABEER MANZIL, THAICHERY COLONY, KILLIROOR NORTH P.O., THIRUVARPU VILLAGE. BY ADV. SRI.SURIN GEORGE IPE RESPONDENTS/ RESPONDENTS: ------------------------------------------- 1. P.J. KURIAKOSE, S/O. JOSEPH IPE, PALATHINKAL HOUSE, SOUTH PARAVOOR, ERNAKULAM. 2. SIJU, S/O. ARAVINDAKSHAN, KANGANDOOR KARA, AYARKUNNAM. 3. THE ORIENTAL INSURANCE CO. LTD., KOTTAYAM. R1 BY ADV. SRI.TOMY XAVIER PARAPPURAM R3 BY DR.ELIZABETH VARKEY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & P.R. RAMACHANDRA MENON, JJ. ........................................................................ M.A.C.A. No. 1524 OF 2005 ......................................................................... Dated this the 13th February, 2009 J U D G M E N T Basant, J. : The claimant before the Tribunal is the appellant. He had claimed compensation for personal injuries suffered in a motor accident. Though he had claimed that he is entitled for a greater amount of compensation, he limited his claim to Rs. One lakh only. He had become unconscious at the time of the accident. There was no fracture. As he had become unconscious head injuries were suspected. He was an inpatient for a period of 14 days. The scan report was taken twice. Even after discharge from the hospital, it is seen that he had continued treatment for some more period. The appellant did not adduce any oral evidence. Ext. A1 to A11 were marked. Ext.A11 salary certificate M.A.C.A. No. 1524 OF 2005 2 indicates that he was employed as a ticket checker in a bus passenger service and his monthly income was Rs.3,800/-. The Tribunal taking all the relevant circumstances into account awarded an amount of Rs.14,856/- as compensation. The appellant assails the quantum of compensation fixed by the Tribunal. 2. Called upon to explain the precise nature of the challenge, the learned counsel for the appellant in particular contends that the compensation awarded for 'pain and suffering' and also towards 'loss of earning' is totally unjustified. 3. For pain and suffering, an amount of Rs. 4,000/- alone has been awarded as compensation . As stated earlier, he was an inpatient for 14 days. He was unconscious at the time of the accident. The medical certificate would indicate that when he was taken to the hospital he was unconscious. He had suffered head injuries. Taking all these circumstances into account, we are satisfied that award of Rs.8,000/- under the head -'pain and M.A.C.A. No. 1524 OF 2005 3 suffering' would be eminently reasonable. We find that the quantum of compensation awarded under the head-'loss of earning ' can also be enhanced. Implicit reliance cannot be placed on Ext.A11 salary certificate. But we are satisfied that it would be absolutely reasonable to assume that the appellant must have been earning a monthly income of Rs.2,000/- and that he must have been involuntarily unemployed on account of the accident for a period of two months. He is thus entitled for a further amount of Rs.2,000/- (Rupees two thousand only) for the loss of earnings. 4. The learned counsel for the appellant points out that interest has been awarded only at the rate of 6%. The rate of interest must have been awarded at 7.5% per annum, urges the learned counsel. We find merit in that contention and accept the same. 5. The above discussions lead us to the conclusion that the appellant is entitled for a total further amount of Rs.6,000/- M.A.C.A. No. 1524 OF 2005 4 (Rupees six thousand only) as compensation in addition to the amounts awarded by the Tribunal. There shall also be a direction that interest shall be payable at the rate of 7.5% per annum from the date of the petition on the entire amount. 6. The appeal is allowed to the above extent. R. BASANT, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk