IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 MACA.No. 1029 of 2004() ----------------------- OPMV.1954/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER: ----------------------------------- SIVARAMAN, S/O. VELAYUDAN, AGED 45 YEARS, PANDARAKKAVU, KIZHAKKE YAKKARA, PALAKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. SRINIVASAN, S/O.KARAPPANNA MUDALIYAR, PARTNER, MURUGAN OIL CORPORATION, SOORAMANGALAM, MAIN ROAD, SALEM,TAMIL NADU (OWNER OF TANKER LORRY NO.TCE 2799). 2. JAGANADAN, S/O. ARUNACHALAM, AGED 34 YEARS, TALANATHAM, AROOR TALUK, DHARMAPURI DISTRICT, TAMIL NADU. 3. UNITED INDIA INSURANCE CO. LTD., SALEM,TAMILNADU(POLICY NO.170802/354/31/2/07452/94) ADV. SMT.P.A.REZIYA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1029 of 2004 .................................................................... Dated this the 24th day of August, 2009. JUDGMENT Abdul Rehim, J. Claimant before the Tribunal is in appeal seeking enhancement of the compensation awarded. The accident occurred when a tanker lorry and another lorry hit against the tractor which was driven by the appellant. The appellant sustained fracture to bones on both the legs. In Ext.A5 disability certificate it is revealed that the injury sustained had resulted in permanent disability. It is certified that initially the appellant was having 100% temporary disability which was reduced to 50% subsequently, and ultimately the appellant had a permanent disability of 10%. The Tribunal adopted disability to the extent of 5% for the purpose of computation. Considering the monthly income at Rs.2,000/- compensation for disability was allowed. The Tribunal found that the accident was due to contributory negligence of both the lorry drivers. But in the claim petition the appellant had impleaded only owner, driver and insurer of one of the lorries. Therefore, the 2 Tribunal held that out of the total compensation of Rs.44,600/- awarded, the appellant is entitled only to get 80%, which is Rs.35,680/-. 2. Heard counsel for the appellant and Standing Counsel for the Insurance Company. It is contended that the reduction in the extent of disability adopted by the Tribunal is without any basis. It is further contended that inspite of permanent disability, discomforts and difficulties, the Tribunal has not awarded any amount under the head of loss of amenities and enjoyment in life. The appellant also contended that the rate of interest of 6% awarded by the Tribunal is on the lower side. 3. Considering the facts and circumstances of the case and on evaluating evidence on record, we feel that there is no cogent reasoning mentioned by the Tribunal for adopting a reduced extent of disability. Therefore, we are inclined to refix the compensation under the head of disability, adopting the extent of disability at 10%. This will entitle the appellant for an enhancement of Rs.15,600/-. We are also persuaded to award a sum of Rs.10,000/- under the head of loss of amenities and enjoyment in life. Thus the total enhancement will work out to Rs.25,600/-. We do not find any reason to interfere with the decision 3 of the Tribunal in reducing 20% of the compensation, because no claim is raised against one of the vehicles involved. The appellant will be entitled for 80% of the abovesaid amount, which is Rs.20,480/-. We are inclined to increase the rate of interest from 6% to 7.5% p.a. In the result, the appeal is partly allowed enhancing the amount of compensation payable to the appellant from Rs.35,680/- by a further sum of Rs.20,480/-. The original compensation as well as the enhancement granted in this appeal will carry interest at the rate of 7.5% p.a. from the date of the claim petition till payment. The third respondent-Insurance Company will make payment of the amount within a period of two months from the date of receipt of this judgment. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms