Ramachandran Nair, J.,
The appeal is filed by the claimant against the award dated 11.10.2012 in O.P(M.V) No. 169/2011 on the file of the Motor Accidents Claims Tribunal, Kollam.
2. We heard learned counsel for the appellant and learned Standing Counsel for the Insurance Company.
3. The appellant suffered injuries on 6.7.2010 at 8 p.m while he was travelling on KL-2/AD 1369 motor cycle through Mayyanad- Mukkam Public road. When he reached at a place viz., Mukkom Kurissadi, another motor cycle bearing registration No. KL-2/AA 77-2 driven by the 2nd respondent came in a rash and negligent manner and hit on the body of the petitioner. He fell down and sustained serious injuries.
4. The Tribunal found negligence on the part of the driver of the offending vehicle and granted compensation as arrived at. Against the claim of Rs. Two lakh, the Tribunal awarded Rs. One lakh as compensation.
5. Learned counsel for the appellant submitted that the appellant was aged 24 at the time of accident and even though, amounts have been granted towards permanent disability nothing has been granted towards loss of enjoyment of life. He was a supervisor in a construction Company. Fracture of the tibia and fibula of left leg, is evident from Ext.A7 discharge card. In Ext.A6 wound certificate, deformity of the left leg was also certified.
6. He was admitted in the hospital as inpatient on 7.7.2010 and discharged on 24.7.2010. Certain implants were made and he was again admitted on 8.10.2011 and discharged on 22.10.2011.
7. The Tribunal has awarded compensation under various heads as shown below:
Total Rs.1,00000- (Rupees One lakh only).
8. We find that no amount has been granted towards for loss of marriage prospects and the compensation awarded towards pain and suffering is also not in tune with the period of treatment. In paragraph 12 of the judgment, the Tribunal found that he was hospitalised for 31 days, and he will be kept out of work for a period of three months. In that view of the matter, we refix the compensation in the following manner:
Total rounded offence to Rs.1,45,000- (Rupees One lakh Forty five Thousand only).
9. We are of the view that the interest granted is too low and we fix the interest at the rate of 9% p.a from the date of the petition by relying upon the decision of the apex court reported in Supe Dei (Smt.) & Ors. v. National Insurance Co. Ltd. and Anr. [(2009)4 SCC 513], in which Kaushnuma Begum v. New India Assurance Co. Ltd. [(2001) 2 SCC 9] is followed.
10. There will be a direction to the Insurance Company to deposit the whole amount less the amount already deposited within a period of three months from the date of receipt of a copy of this judgment.
The appeal is allowed to the above extent. No cost.
T.R.RAMACHANDRAN NAIR (JUDGE) AL/-
P.V.ASHA (JUDGE) fair copy