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 MACA.No. 2312 of 2007() ----------------------- OPMV.138/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER IN O.P.(MV).138/2002: -------------------------------------- REJI, S/O. POULOSE, MALAYIL HOUSE, KARICKODE KARA, MULAKULAM VILLAGE, NOW RESIDING AT C/O. M.B.KURIAKOSE, MATTATHIL HOUSE, MANNATHOOR P.O. BY ADV. SRI.P.P.JACOB RESPONDENTS/RESPONDENTS IN O.P.(MV).138/02: ------------- 1. BIJU, S/O. JOSEPH, MUKALEL HOUSE, MANNANAM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM DISTRICT. 2. CHANDY JOSEPH, KAPLANGATTU HOUSE, GANDHI NAGAR P.O., KOTTAYAM . 3. NEW INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, PADINJAREKKARA CHAMBERS, K.K.ROAD, KOTTAYAM - 2. BY ADV.SRI.K.K.M.SHERIFF FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/01/2008 ALONG WITH WPC.NO.664 OF 2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.A.C.A.NO.2312 OF 2007 (F) & W.P.(C).NO.664 OF 2007 (D) ----------------------------------- Dated this the 4th day of January, 2008 J U D G M E N T KOSHY,J. Appellant claimant filed a petition for compensation, contending that, he suffered serious injuries in a motor accident due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. He claimed a compensation of Rs.8,00,000/-. Tribunal awarded Rs.3,10,200/- with 9% interest from the date of award. Quantum of compensation is disputed in this appeal. 2. The medical expenses were reimbursed. Rs.25,000/- was awarded for pain and sufferings. The major dispute raised is regarding the amount given for continuing disability and earning power. It has come out in evidence of PW2 that petitioner has rejoined duty and tribunal was of the opinion that M.A.C.A.NO.2312 OF 2007 (F) & W.P.(C).NO.664 OF 2007 (D) 2 evidence showing loss of earning power was not produced. But he was under treatment for long period. Rs.15,000/- was awarded for loss of amenities. Even though 15% disability was certified, considering the fact that after the period of treatment and rest, he rejoined duty, Rs.86,400/- was awarded for disability and the total amount awarded was Rs.3,10,200/-. Tribunal also noticed that Ext.A1 certificate shows shortening of leg for 'a cm'. The entire matters were considered by the tribunal. We are of the opinion that Rs.3,10,200/- awarded by the tribunal is just and reasonable. However, we note that tribunal has awarded only interest from the date of award because earlier the claim petition was dismissed for default. It was restored subsequently, on condition that, petitioner will not get interest till the date of restoration. That order was challenged in W.P.(C).No.664/2007. That is also posted along with the appeal. The petitioner was appearing before the tribunal regularly. But when the case was posted on 28.1.2006, he was attending a training in Bangalore, and therefore, he was not able to attend before the tribunal. M.A.C.A.NO.2312 OF 2007 (F) & W.P.(C).NO.664 OF 2007 (D) 3 Tribunal dismissed the application without considering the adjournment requests. Application for restoration was also filed on the next day. In the above circumstances, the interest at the rate fixed by the tribunal ought to have been granted from the date of application till the date of dismissal and from the date of restoration till the date of deposit. In otherwards, petitioner will not be entitled to the interest for the period when the case was not in the file. Hence Ext.P3 in W.P.(C). No.664/2007 is modified. Consequently impugned award in the appeal is also modified. The petitioner will be entitled to interest at the rate assessed by the tribunal from the date of application till the date of deposit except for the period from 13.2.2006 to 20.11.2006. Both appeal and writ petition are disposed of accordingly. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp M.A.C.A.NO.2312 OF 2007 (F) & W.P.(C).NO.664 OF 2007 (D) 4 J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 1st January, 2008