IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 MACA.No. 1985 of 2006() ----------------------------------- OPMV.716/2000 & 899/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ----------------------------------- THANKAMANI, W/O. BALAN, MANGALATH HOUSE, P.O.KUNNAPILLY, POOLANI, THRISSUR DISTRICT. BY ADV. MR.T.N.MANOJ RESPONDENTS/RESPONDENTS --------------------------------------------- * 1. SHALY THOMAS, PAYYAPILLY HOUSE, MURINGOOR DESOM, CHALAKUDY, THRISSUR. (* DELETED) * THE 1ST RESPONDENT IS DELETED FROM THE PARTY ARRAY, VIDE ORDER DATED 28/08/2008 IN I.A. NO.2231/2008. 2. UNNIKRISHNAN. M.C., MUNDETHINMAL HOUSE, POOLANI DESOM, MELOOR. 3. THE MANAGER, NEW INDIA ASSURANCE CO. LTD., CHALAKUDY. R3 BY ADV. SMT.T.C.SOWMIAVATHY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1985 OF 2006 ............................................. Dated this the 10th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in O.P.(MV)No.899/2000. The claimant a 38 year old lady and a coolie by profession sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.54,828/= with 6 % interest. It is against that decision, the claimant has come up in appeal. 2. Heard both sides. A perusal of the award would reveal that the claimant had sustained compound communited fracture left humerus and degloving injury left forearm. She had undergone treatment. A disability certificate was produced to show that she has got pain on the upper arm and difficulty in lifting weight. The doctor had fixed the disability at 15% in his opinion. The Doctor has not stated the methodology used for fixing the disability. The Tribunal on exhaustive considration of the materials found that the income can be fixed at Rs.1,500/= and the : 2 : M.A.C.A.NO.1985 OF 2006 diisability can be fixed at 7.5%. On an appreciation of the mateirlas would reveal that the Triabunal has been just and fair in fixing the income and the disability. Therefore, those portions did not require any interference. But a poor coolie had sutained a compound fracture and had undergone treatment in a hospital for 16 days and she had also followed treatment on account of this fracture. Certainly she would have suffered severe pain and there would have been loss of amenities and enjoyment in life. Towards pain and suffering, I enhance compensation at Rs.2,000/- and towards loss of amenities and enjoyment in life I enhance compensation at Rs.3,000/= whereby entitling the claimant to have an additional compensation of Rs.5,000/=. The Tribunal has awarded 6% interest which has to be made atleast 7% in the lines of the Apex Court decision. 3. Therefore, the appeal is partly allowed and the claimant is awarded an additonal compensation of Rs.5,000/= with 7% interest on the said sum from the date of the petition till its realisation. It is made clear that the : 3 : M.A.C.A.NO.1985 OF 2006 insurance compnay is bound to pay 7% interest for the entire amount awarded. The insurance compnay shall depoist 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 : 4 : M.A.C.A.NO.1985 OF 2006