KUTTAN S/O. KOCHUKUTTAN Vs. SURENDRAN,

JUDGEMENT

(1.) CLAIMANT is the appellant. He claimed compensation for injury suffered by him in a motor accident which took place on 22/7/2000. He had suffered comminuted Bycondylar fracture of right tibia. He was an in -patient for a period of 47 days. The accident allegedly resulted in permanent physical disability. PW2 doctor who examined him had issued Ext.A14 disability certificate assessing the extent of physical disability to be 18%. The claimant belongs to the age group 45 -50 years, he having been born on 05/07/1951 and the accident having taken place on 22/7/2000. The claimant is a welder by profession. He produced Ext.A13 certificate from his erstwhile employer to claim that he was getting an income of Rs. 5,000/ - p.m. That certificate, it may be relevant straight away to note, was issued by the alleged employer claiming that the claimant was employed by him and had already left the employment of the employer voluntarily. The tribunal, on an anxious consideration of all the materials available before it proceeded to pass the award directing payment of an amount of Rs. 1,23,319/ - as per the details given below:

(2.) THE tribunal directed payment of interest @ 6% p.a from the date of the petition to the date of payment.

(3.) FIRST of all, it is contended that interest has been awarded at a painfully low rate of 6% p.a. Relying on the decision in Dharampal v. U.P State Road Transport Corporation : 2008 (2) KLT 691(SC) the learned Counsel contends and we accept that interest must have been granted atleast @ 7.5% p.a.