IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 MACA.No. 599 of 2007() -------------------------------- OPMV.851/1998 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/CLAIMANT/INJURED ----------------------------------------------- MR.VAMAKESAN V.P., S/O.PARAMESWARAN, VADAKKUM MOOKATH HOUSE, KUNDANNOOR, MARADU P.O. BY ADV. SRI.K.JANARDHANAN SRI.MANURAJ. K.J RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE SECRETARY, POPULAR MOTOR TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD. NO.A.92, CHERTHALA. 2. MR.BENNY, S/O.UTHAMAN, MUNDACHIRAYIL VEETTIL, WEST TO SAKTHEESWARAM TEMPLE, KALAVAMKODAMKARA, VAYALAR EAST, CHERTHALA TALUK. 3. UNITED INDIA INSURANCE COMPANY LTD., CHERTHALA BRANCH. ADV. SRI.A.A.MOHAMMED NAZIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.599 OF 2007 ===================== Dated this the 10th day of December 2008 JUDGMENT This appeal is preferred against the award of the Addl.Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)No.851 of 1998. The claimant sustained injuries in a road accident and it is submitted by the learned counsel that though he preferred a claim for Rs.75,000/- he has restricted it to Rs.50,000/-. The Tribunal found that the claimant is entitled to a sum of Rs.65,913/-. Since he has restricted his claim to Rs.50,000/- he was only awarded the said amount of Rs.50,000/- with interest. Now it is a well settled position of law that in motor accident claim cases when the Tribunal finds that the entitled compensation is more than what is claimed, it is at liberty to grant the same irrespective of the fact that the claim is lesser than that amount. As far as this case is concerned, the claimant really moved an application for Rs.75,000/-, but restricted it to Rs.50,000/-. So one cannot say that he was totally wrong when he claimed only Rs.50,000/-. In the light of the present position on the subject, I am inclined to grant the amount awarded by the Tribunal, viz., Rs.65,913/-, i.e. a further MACA 599/2007 -:2:- compensation of Rs.15,913/- as additional compensation. But, I make it clear that this additional compensation of Rs.15,913/- would bear interest from the date of petition till 18.6.2005 and from 11.4.2007 till realisation. I also make it clear that the claimant has to pay the balance court fee for this amount of Rs.15,913/- also. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.15,913/- with 9% interest on the said sum from the date of petition till 18.6.2005 and from 11.4.2007 till realisation from the insurance company. The claimant is also bound to pay the balance court fee before he withdraws the amount from the Tribunal. The insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-