IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 MACA.No. 637 of 2006() ---------------------- OPMV.265/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- MRS. PADMINI, AGED 50 YEARS, W/O. KUMARAN NAIR, NANDANAM, SUNDARA IYER ROAD, OTTAPALAM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.O.P.NANDAKUMAR RESPONDENT(S): --------------- 1. KUMARAN NAIR, SON OF GOVINDAN NAIR NANDANAM, SUNDARA IYER ROAD, OTTAPALAM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. THE NEW INDIA ASSURANCE COMPANY LIMITED IIND FLOOR, JRJ COMPLEX, OTTAPALAM. R2 BY SR. ADV. SRI.MATHEWS JACOB THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2009, ALONG WITH MACA NO.108 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. Nos.637 & 108 of 2006 .................................................................... Dated this the 12th day of January, 2009. JUDGMENT Ramachandran Nair, J. Connected appeals arise from same award whereunder the appellant in MACA 637/2006 was awarded a total compensation of Rs.21,74,308/- for the injury sustained by her in a road accident. The Insurance Company has filed the other appeal stating that the award is excessive and arbitrary. Senior counsel appearing for the Insurance Company submitted that besides compensation for disability granted for the full period covered by the multiplier of 13, MACT has granted compensation for leave without allowance for 454 days. Counsel appearing for the claimant submitted that the claimant was Headmistress of an aided School and what is granted is the service benefits she was entitled had she continued in service. We are unable to uphold the award of compensation in the form of loss of income for the period she continued on leave without allowances because the claimant was given compensation for loss of earning by applying the 2 multiplier applicable to her age which covers the entire period after the accident. However, we do not find any ground to interfere with the compensation awarded under other heads. We, therefore, allow MACA No.108/2006 in part by reducing the award amount by Rs.1,13,490/- with interest thereon. 2. The challenge in the appeal filed by the claimant namely MACA No.637/2006 is against disallowance of interest for period from date of filing the claim petition till 30 days from the date of award. We feel the appellant is entitled to interest from the date of claim petition till date of deposit by the Insurance Company. Similarly, the rate of interest granted at 6% is also very low. We, therefore, allow MACA No.637/2006 in part by enhancing the interest on the entire compensation amount from 6% to 7.5% p.a. and such interest shall be paid from date of application till date of deposit. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms