IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 MACA.No. 58 of 2009() --------------------- OPMV.1020/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S)/ PETITIONER : --------------------------------- ANWAR SADATH, AGED 33 YEARS S/O HAMZA, KALLINGAL HOUSE, PO, NILAMBUR R S. NILAMBUR TALUK, MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S)/RESPONDENT: -------------------------------------- THE NEW INDIA ASSURANCE CO. LTD. II FLOOR, MOOSA SAIT COMPLEX, COMMERCIAL ROAD, OOTY, TAMIL NADU. ADV. SRI.RENIL ANTO KANDANKULATHY FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 58 OF 2009 = = = = = = = = = = = = = = = Dated this the 4th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)1020/04. The claimant, a driver by profession sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.37,150/-. Dissatisfied with the same the claimant has come up in appeal. 2. Heard the learned counsel for both the sides. A perusal of the award would reveal that the claimant was aged 29 years at the time of the accident and he had suffered a fracture on the frontal bone and the scan revealed regarding the cerebral contusion on the frontal region. He was treated as an inpatient in the hospital for 13 days. He was treated in a private hospital namely Baby Memorial Hospital, Kozhikode. The Tribunal has awarded fairly a M.A.C.A. 58 OF 2009 -:2:- reasonable compensation in this case but when a person sustains injuries on the head some times the disability may not be instantaneous and there are very many cases where people develop post traumatic complications on account of the head injury. Fortunately no serious problem is divulged so far but such an injury for a 29 year old man that too for a driver by profession certainly would have resulted in loss of amenities and enjoyment in life for him and therefore I award a sum of Rs.5,000/- more as an additional compensation under that head. Now the rate of interest seen awarded by the Apex Court as well is 7.5% and therefore the claimant will be entitled to an interest at the rate of 7.5% on the entire amount awarded as compensation. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7.5% interest on the said sum from the date of petition till realisation. It is also made clear that the claimant is entitled to the interest at the rate of 7.5% on the M.A.C.A. 58 OF 2009 -:3:- entire amount awarded and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-