IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 MACA.No. 281 of 2010() ---------------------------------- OPMV.225/1997 of I ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT/3RD RESPONDENT ----------------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, KOLLAM, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, ADV. SRI.P.JACOB MATHEW. RESPONDENT/PETITIONER ----------------------------------------- BABU, S/O.NARAYANAN, CHARUVILA PUTHEN VEEDU, ELAVOOR, PALLIMON P.O., KOLLAM DISTRICT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 281 of 2010 ORDER ON I.A.NO.348/2010 IN MACA NO.281/2010 DISMISSED 23/11/2010. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.281 OF 2010 ............................................. Dated this the 23rd day of November, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kollam in OP(MV)No.225/1997. It is the case of the claimant that he sustained injuries while he was travelling in an auto rickshaw and the Tribunal has awarded him a compensation of Rs.17,020/= with interest from 8.1.1997 till realisation. Challenging the quantum as well as payment of interest during the period of dismissal for default, the insurance company has come up in appeal. 2. Heard the learned counsel and perused the records made available. A perusal of the award would reveal that the claimant had sustained a fracture of the left wrist. The police has also filed a charge sheet under Section 338 of IPC mentioning fracture of the wrist. The Tribunal has also noted that in Exts.A4 and A5 it is jotted down that there was a fracture of the left wrist joint. So it is a case of confirmed fracture of the wrist. It is true that the Tribunal without looking into the materials, assessed the disability of 3% and : 2 : M.A.C.A.NO.281 OF 2010 awarded the compensation. But it can be seen that even on a revised calculation just like loss of earnings, enhancement for pain and sufferings as well as some amount for loss of amenities and enjoyment, it can be seen that the amount awarded ultimately is only just and reasonable and therefore I do not propose to interfere with the quantum awarded in the case. From the materials it can be seen that the case was filed on 8.1.1997. It was dismissed for default on 10.10.2003. An application for restoration was filed on 13.2.2008. Now the insurance company would contend that since it was dismissed for default on account of the laches of the claimant, the insurance company cannot be saddled with the liability. The Tribunal had relied on a decision of this Court reported in Oriental Insurance Co. v. Ananda Pai (2002 (1) KLT 269). It was a case where the point that arose for determination was whether the insurance company can be saddled with the liability to pay interest from the date of petition or only on the date of impleadment of the insurance company at a later point of time. Since the vehicle was insured with the insurance company, the belated : 3 : M.A.C.A.NO.281 OF 2010 impleadment was not considered for refusing the interest. But, so far as this case is concerned, the facts are quite different. The applicant did not prosecute the matter properly. Therefore it was dismissed for default. So for the laches of the claimant, the insurance company cannot be made liable to pay interest. Therefore I find that it requires a modification. It would be sufficient if the insurance company is directed to pay interest from 8.1.1997 to 10.10.2003 and thereafter from 13.2.2008 till realisation. With this modification, the appeal is disposed of. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.281 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 11th day of November, 2010. J U D G M E N T