IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 M.A.C.A.No. 1866 of 2007(B) ----------------------- OPMV.920/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER: ------------------------------------- SARANJITH P.B., S/O P.K.BABU, PUTHENPURACKAL HOUSE, MADHAV NAGAR, VADAKKANTHARA P.O., PALAKKAD. BY ADVS. SRI.LIJU. M.P SRI.M.N.SAJEER RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. K.U.MUKUNDAN, S/O UNNIKRISHNAN NAIR, NADAKKAVIL HOUSE, KAZHANI, PADOOR POST, PALAKKAD. (OWNER OF THE BUS) 2. SURESH KUMAR, S/O SREENIVASAN, CHEETHAVU HOUSE, AYILUR POST, PALAKKAD. (DRIVER OF BUS KL-9B/6606) 3. M/S UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, MUNICIPAL BUILDINGS, MAIN ROAD, NORTH PARAVOOR, ERNAKULAM DIST. (INSURER OF BUS KL-9B/6606) BY ADV. SRI.P.MURALEEDHARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1866 OF 2007 --------------------- Dated this the 12th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Palakkad, in OP(MV) 920/01. The claimant, a final year student, sustained fracture of the 5th meta carpel shaft left hand and his hand was under plaster cast for a period of 12 weeks. 2. I have perused the award. The Tribunal has compensated him on each and every counts. It is not a very serious fracture. But the Tribunal took into consideration the aspect of inconvenience that would have caused to him and granted Rs.8,000/- for pain and suffering and Rs.3,000/- for loss of amenities and enjoyment in life and other actual amounts expended for treatment etc. So I do not find any inadequacy with respect to the quantum awarded by the Tribunal under different heads. The award is passed in the year 2006 and the interest awarded is only 6%. The Apex court has recently held that interest rate can be at 7.5%. Therefore, I modify the interest rate at 7.5% and confirmed the rest of the award passed by the Tribunal. MACA No. 1866/07 2 Therefore, the appeal is disposed of confirming the amount awarded but modifying the rate of interest from 6% to 7.5%. Insurance Company shall deposit the amount at the said rate of interest within 60 days from the date of receipt of a copy of this judgment. The amount already deposited be given credit to. M.N.KRISHNAN, JUDGE vps MACA No. 1866/07 3