IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 MFA.No. 1307 of 2001 ------------------------------ AGAINST OPMV.1018/1990 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------------ VALSALA, C., W/O.V.V.PRABHAKARAN NAIR, VELLATTIL HOUSE, PERUMBAIKADU P.O. PARAMPUZHA, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. K.SUBRAHMANIAN, S/O.CHINNA VEERAIAH, KANNEGANTE HOUSE, DEVAPURAM 5TH LINE, GUNTUR, ANDHRA PRADESH. 2. D.SAMBASIVA RAO, S/O.SHESHAYYA, SEETHAMMA NAGAR THERUVU, GUNTUR NO.4, GUNTUR, ANDHRA PRADESH. 3. THE NEW INDIA ASSURANCE CO. LTD. GUNTUR, REP. BY ITS MANAGING DIRECTOR, KOTTAYAM. R3 BY ADV. SRI.KKM.SHERIF THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.1307 OF 2001 ----------------------------------------- Dated this the 4th day of January, 2008 JUDGMENT Koshy, J. The appellant-petitioner, at the age of 31, met with a motor accident. The doctor certified 12% disability. Even though the contention of the petitioner is that she was getting Rs.3,960/- as the income as per the salary certificate, the Tribunal has taken only Rs.1,500/- and on that basis the compensation was calculated for loss of earning capacity and disability as Rs.25,000/- only. The appellant was employed as Pharmacist in the Medical College Hospital, Kottayam. As a result of the accident, her salary was not reduced. Therefore, there is no loss of earning capacity. But after the accident the disability will continue. Therefore, calculation of compensation taking 12% as the disability and Rs.1,500/- for notional purpose need no interference. The Tribunal awarded Rs.58,000/-, that too with 12% interest from the date of application till the date of deposit. the application was filed in 1990 and the award was passed only in 2000. The ten years' interest itself is very high. Considering the total amount of compensation and rate of MFA.1307/01 2 interest awarded and the nature of damages suffered to the petitioner, we are of opinion that just and reasonable compensation is awarded and no further enhancement is necessary. The appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.1307/01 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No.1307 of 2001 ------------------------------ JUDGMENT 4.1.2008