JUDGMENT

(Dated this the 16th day of June 2022)

The appellant is the petitioner in O.P.( M.V.) No.74 of

2010 on the files of the MACT, Kollam. The said O.P. was filed under Section 166 of the Motor Vehicles Act, 1988.

2. On 1.12.2008 at 9 a.m., while the appellant was travelling as a pillion rider on a two wheeler bearing Reg.No.KL 23-3925, when reached at Chennamballil junction in Kayamkulam – Punalur Public road, the offending Indica car bearing Reg.No.KL-3P-2115 hit against the two wheeler and the appellant sustained injuries in the accident. The compensation claimed was Rs.2,00,000/-.

3. The 3rd respondent/Insurance Company filed a written statement denying the allegation that the driver of the offending vehicle was rash and negligent in causing the accident. The injuries sustained to the appellant are minor in nature and no permanent or partial disability was sustained by him. The amount of compensation claimed is on a higher side and hence, prayed for dismissal of the petition.

4. The Tribunal, relying on Ext.Nos.A1 to A7, awarded a total compensation Rs.19,381/- with 9% interest. Aggrieved by quantum of compensation awarded, this appeal is filed.

5. The main contention raised by the counsel for the appellant is that for continuing permanent disability, no amount was awarded by the Tribunal. It is seen from the Award of the Tribunal that no evidence was adduced in support of the claim for having permanent disability and loss of earning. So, the Tribunal was justified in denying the claim. The appellant filed I.A. No.2669 of 2014 praying for a direction to the Medical College, Alappuzha to assess the disability of the appellant. Pursuant to it, an order was passed directing the Superintendent of Medical College Hospital, Alappuzha to constitute a Medical Board, to assess the appellant and to furnish a Medical Disability Certificate. In obedience to the said order, the Medical Board constituted by the Superintendent of Medical College Hospital, Alappuzha and the appellant was examined and the certificate of Medical Board, Government T.D. Medical College Hospital, Alappuzha dated 18.6.2015 was sent to this court, which is incorporated in the files. Taking note of the above Medical Certificate in which permanent disability assessed by the Medical Board at 14%, I am inclined to grant compensation for permanent disability. The monthly income stated by the appellant was Rs.6,000/-. Since the appellant was aged 57 years, the multiplier to be adopted is 9. So the compensation for permanent disability can be calculated as

6000 x 12 x 9 x 14/100 = 90,720.

6. For pain and sufferings, the Tribunal has awarded Rs.15,000/-. Taking into consideration of the injuries sustained by the appellant, I am inclined to enhance it as Rs.20,000/-.

7. For loss of amenities in life, no amount was awarded. Since there is permanent disability of 14% assessed by the Medical Board, an amount of Rs.10,000/- is awarded under head.

8. Accordingly, the following enhancements are made to the award passed by the Tribunal:

In the result, the appeal is allowed. The Insurance Company shall pay interest for the amounts awarded by the Tribunal at the rate directed in the impugned award and for the enhanced amounts at the rate of 7% from the date of petition. If any amounts have already been paid, the same shall be granted set off. The claimants shall produce the details of the Bank account before the Insurance Company/Tribunal within one month from the date of receipt of a certified copy of this judgment and amount shall be transferred to the Bank account directly through NEFT/RTGS mode, within a period of o