IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 MACA.No. 841 of 2006() --------------------------------- OPMV.1573/1991 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/IST RESPONDENT OPMV. ------------------------------------------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. BY ADV. MR.JOHNSON P.JOHN, SC, KSRTC RESPONDENTS/ PETITIONER AND 2ND RESPONDENT IN OPMV. ------------------------------------------------------------------------------------------- 1. K. VIJAYARAGHAVAN, RESIDING AT 40/1050, T.D.ROAD, ERNAKULAM, C/O.INDIRA MOTOR PARTS & ACCESSORIES LTD., 39/1239, KALOOR CROSS ROAD, COCHIN 18. 2. SRI.T.P. THOMAS, DRIVER, C/O.MANAGING DIRECTOR, K.S.R.T.C. CENTRAL OFFICE, THIRUVANANTHAPURAM. R1 BY ADV. MR.P.M.SEBASTIAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.841 OF 2006 ............................................. Dated this the 20th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ernakulam in OP(MV)No.1573/91. The claimant sustained injuries in a road accident while he was driving a jeep and there was a collision between the jeep and the KSRTC bus. The claimant sustained fracture of the patella undisplaced and he was treated as an inpatient in a hospital from 7.7.1989 to 1.8.1989. One disability certificate was produced as issued by Dr. K. Bapaiah, Professor of Orthopaedics, Sidhardha Medical College, Vijayawada wherein limitation of movements of the right knee was found out and the Tribunal assessed the disability at 5%, income at Rs.1,850/- and calculated the compensation. 2. Considering the date of the accident as early as in 1989, the Tribunal has awarded excess compensation under some heads and it was also not correct to award equal amount for loss of amenities after giving permanent : 2 : M.A.C.A.No.841 OF 2006 disability compensation also. In the absence of disability certificate, I feel the disability can be taken at 3% and when the income is fixed at Rs.1,850/- and multiplier of 15 is used, the loss of earning would come to Rs.9,990/= which is rounded as Rs.10,000/=. Towards loss of amenities only Rs.5,000/= is sufficient and so Rs.5,000/- is deducted. As also for pain and sufferings, Rs.20,000/= is a high amount in 1989 for a patella fracture and therefore, I reduce it by Rs.5,000/=thereby reducing the compensation by Rs.12,000/= which will make it as Rs.34,250/=. If the KSRTC is prepared to pay the amount within 60 days from today, I hold that they need pay the interest at the rate of 7.5%. If they delay it by one day, they have to pay interest at the rate of 9% as ordered by the Tribunal for the entire amount. 3. In the result, the MACA is partly allowed and the claimant is awarded a compensation of Rs.34,250/= with 7.5% interest from the date of the petition till realistion and the KSRTC is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. I make it clear that if the amount is not deposited : 3 : M.A.C.A.No.841 OF 2006 within the stipulated time of 60 days, the entire amount will carry interest at the rate of 9% from the date of the petition till it is paid. Ordered accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.841 OF 2006