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. 1239 of 2007(A) OPMV.1037/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM APPELLANT/PETITIONER: LINEESH, LINESH BHAVAN,THALIRADI WARD, VALLIKUNNAM VILLAGE,MAVELIKKARA. BY ADV. MR.PRATHEESH.P RESPONDENTS/ RESPONDENT 1. OMNAKUTTAN,KOCHEL VADAKKATHIL,(THRIVENI) S.R.P.MARKET.P.O, KARUNAGAPPALLY. 2. K.PRAKASH, SREEKRISHNA HOUSE, THAZHAVA VILLAGE, S.R.P.MARKET P.O.,KARUNAGAPPALLY, KOLLAM. 3. NATIONAL INSURANCE CO. LTD., KAYAMKULAM. R3 BY ADV. MR .P.JAYASANKAR 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.1239 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of DECEMBER, 2009 J U D G M E N T Raman, J 1. The injured, in a motor accident, dissatisfied with the compensation awarded and claiming enhancement, has filed this appeal. 2. The accident occurred on 6/3/1999, while the appellant was proceeding on his bicycle on a public road through Puthiyakavu-Chakkuvally road, when a scooter bearing Registration No.KL-2C/935 owned and ridden by the first respondent came in a rash and negligent manner, hit against the bicycle and caused serious injuries to the appellant. Immediately he was taken to the Star Hospital, Oachira and then he was shifted to the Medical College Hospital, Thiruvananthapuram. He was treated as impatient for seven days for depressed fracture skull. He continued the M.A.C.A. No. 1239 of 2007 2 treatment even after the discharge. He claimed an amount of Rs.2,50,000/- but the Tribunal awarded only an amount of Rs.13,000/-, with interest at the rate of 7% per annum. 3. Since the negligence stands proved and the insurance coverage is admitted, the only point for consideration is the claim for enhancement. 4. The appellant did not produce any documentary evidence, nor did he mount the box. But his father gave evidence as PW1 in support of his case. At the time of trial, the appellant was employed in Ahmedabad, which was after five years of the accident. In the absence of better evidence, Tribunal fixed his income at Rs.1,500/-, though the appellant contended that the income fixed is too low. In the absence of better evidence, we cannot accept the same. 5. The Tribunal has awarded an amount of Rs.1,500/- by way of compensation towards the loss of earning, even though Ext.A7 was produced to show that 90 days rest was advised by the Doctor. Tribunal found that Ext.A7 is issued M.A.C.A. No. 1239 of 2007 3 five years after the accident, and the medical records produced only to show that he was in the hospital as impatient only for seven days. But it has come out in evidence that he had suffered skull fracture. Considering the nature of the injuries and since treatment is being continued and he was under rest for some more period, after the discharge we award a further amount of Rs.2,500/- towards the compensation for loss of earning. He was awarded an amount of Rs.1,000/- towards medical expenses, inclusive of the expenses of the bystander. We increase it to Rs.2,000/- and thus he will be entitled to get a balance amount of Rs.1,000/- more under this head. For loss of amenities, no compensation was awarded and considering the nature of injuries suffered, we award a further sum of Rs.10,000/-. 6. Though the appellant claimed to be suffering from some disability, absolutely there is no oral or documentary evidence adduced, in this regard. Further, he was M.A.C.A. No. 1239 of 2007 4 employed in Ahemadabad and since the appellant did not mount the box, the inference drawn by the Tribunal, that he did not suffer any disability is correct. The Tribunal has awarded only 6% interest. Normally this Court grants 7% interest per annum. So we increase the rate of interest to 7%. 8. In the result, an additional amount of Rs.13,500/- is awarded. The appellant is also entitled for interest at the rate of 7% per annum instead of 6% for the total compensation which is awarded by the Tribunal as well as this Court. Appeal is allowed in part. P.R.RAMAN, JUDGE P.R. RAMACHANDRA MENON, JUDGE nl