IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 MACA.No. 361 of 2005() ---------------------- OPMV.403/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT ----------------------- ALI, AGED 45 YEARS, S/O.CHEKUTTY, POONTHALA HOUSE, P.O.VADAPURAM. BY ADV. SRI.K.P.MUJEEB RESPONDENT(S): --------------- 1. UMMER KALLINGAL, S/O.AVARAN, KALATHIL HOUSE, P.O.KARAKUNNU (DRIVER). 2. ALANGADAN YAKOOB, S/O.MUHAMMED, ARIKUNDAN, ELANKOOR, OWNER. 3. ORIENTAL INSURANCE COMPANY LTD., MANJERI. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 361 OF 2005 -------------------------------------------- Dated this the 25th day of September, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed with a delay of 71 days. Considering the grounds stated in the affidavit in support of the delay petition, we condone the delay. In the normal course we should issue notice, and hear respondents before the disposal of the appeal. However, since the appeal is filed three years back, we have gone through the award and heard counsel for the appellant. We find only marginal increase is called for in the compensation awarded. If notice is issued and insurance company is heard in the matter, we do not think the same will make any difference, but on the other hand, if company is made to appear in court, it will only lead to further expenses to the company. We therefore proceed to dispose of the appeal after hearing appellant on merits. 2. Appellant has sustained injury in a motor accident and MACT 2 found that the vehicle involved is covered by insurance policy and hence insurance company is liable to pay compensation. The total compensation awarded is Rs. 39,792/- which includes an amount of Rs. 24,192/- granted towards compension for disability. Even though the award is prima facie reasonable, we feel some increase is called for because appellant was in the hospital as inpatient on account of the accident for 32 days. In the circumstances, and having regard to the claim of higher income for the purpose of compensation, we enhance the compensation from Rs. 39,792/- to Rs. 50,000/-. We feel granting of 6% interest is very low and therefore we direct the insurance company to pay interest at 7.5 per cent per annum on the full compensation amount including additional compensation awarded by us from the date of application till date of deposit. Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. 3 kk