IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 MFA.No. 728 of 2001() --------------------- OPMV.813/1990 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANTS(ADDL.PETITIONERS 2 TO 6): ----------- 1. SMT. L.J.SAVITHRI, W/O.LATE NARAYANAN RAJAN, ETTUKANDATHIL VEEDU, WARD NO.X, MANNANCHERRY PANCHAYATH, ARYAD NORTH VILLAGE, ALAPPUZHA DISTRICT. 2. MR. JAGADEESH, S/O.LATE NARAYANAN RAJAN, -DO- -DO- 3. SMT. SUDHA, D/O.L.J.SAVITHRI, -DO- -DO- 4. SMT. VIDHYA, -DO- -DO- -DO- 5. SMT.AJITHA, -DO- -DO- -DO- BY ADV. SRI.A.K.ALEX SRI.P.VIJAYARAGHAVAN RESPONDENTS/RESPONDENTS: ------------- 1. MR. M.R.PURUSHOTHAMAKURUP, DWARAKA, A.N.PURAM, ALAPPUZHA. 2. NATIONAL INSURANCE CO., ALAPPUZHA BRANCH, REP. BY ITS BRANCH MANAGER. R2 BY ADV. SRI.P.JAYASANKAR THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.728 of 2001 ------------------------------------------------- Dated, this the 29th day of February, 2008 JUDGMENT The additional claimants 2 to 6 in O.P.(MV) No.813/1990 on the file of Motor Accidents Claims Tribunal, Alappuzha are the appellants. Additional claimants 2 to 6 are the legal representatives of original claimant deceased Narayanan Rajan. The deceased original claimant was the husband of first appellant and father of appellants 3 to 6. He sustained injuries in a road traffic accident occurred on 17.10.1987. He filed Original Petition impleading owner/driver and insurer of tempo van bearing registration No.KRA 7941, claiming an amount of Rs. One lakh as compensation. It was averred that at about 7.30 a.m. on 17.10.1987 while he was travelling in a tempo van bearing registration No.KRA 7941 belonging to first respondent, on account of the rash or negligent driving of the first respondent the vehicle capsized and he sustained injuries. First respondent filed a written statement contending that he was not the owner or driver of the vehicle in question but he was the owner and driver of vehicle bearing registration No.KRA 7949 which involved in the accident in which the claimant was a passenger. Negligence alleged was disputed. Quantum of compensation claimed was also disputed. Second respondent insurer filed a written statement admitting the existence of a valid insurance policy. It was contended that the insurer is not liable to indemnify the insured on account of MFA No.728/2001 2 violation of the permit. Original Petition was filed on 18.4.1988. During the pendency of Original Petition original claimant died on 24.8.1993. Without taking note of that aspect Tribunal dismissed the Original Petition for default on 10.12.1993. Present appellants who are legal representatives of deceased original petitioner filed I.A.No.33/1994 on 7.1.1994 to restore the Original Petition dismissed for default and to implead them as additional claimants. On 21.7.1998 that application was allowed by the Tribunal and thereafter the case was heard and disposed of on 25.10.2000. Tribunal awarded an amount of Rs.16,810/- as compensation with 12% interest per annum from 21.7.1998, the date on which the Original Petition was restored to file after dismissed for default. Aggrieved by the quantum of compensation and also the denial of interest the additional claimants themselves have filed this appeal. 2. Original claimant had produced a disability certificate in which the disability was fixed at 8%. He sustained fracture of proximal phalanx of little finger, middle finger and ring finger of left hand and contusion over right buttock and fleshy injuries on other parts of the body. It is true that the original claimant died. Tribunal took a view that injured died two years after his retirement and awarded only Rs.1,920/- as loss of earnings. For pain and suffering Tribunal awarded Rs.5,000/- alone. Considering all aspects of the matter I am of the view that on account of the disability, loss of amenities, loss of expectation of life, etc. the Tribunal ought to have awarded at least Rs.7,500/- more as compensation. So MFA No.728/2001 3 the appellants are entitled to get Rs.7,500/- as additional compensation. 3. Now I shall consider whether the appellants are entitled to get interest for any period prior to 21.7.1998. Original Petition was filed on 18.4.1988. Certain defects were noted and on 25.4.1988 Original Petition was returned for curing the defects. It was re-presented on 16.7.1990 along with I.A.No.584/1990 for condoning the delay. That application was dismissed on 13.10.1993 and Original Petition itself was dismissed on 10.12.1993. In the meanwhile original claimant died on 24.8.1993. On 7.1.1994 the present appellants filed a petition for restoration and also for impleading them as additional claimants. So I am of the view that interest ought to have been awarded at least from 7.1.1994 onwards. Tribunal had awarded interest at the rate of 12% from 21.7.1998 onwards. Appellants are entitled to get interest on Rs.16,810/- at the rate of 12% per annum from 7.1.1994. But for the enhanced compensation they are entitled to get 7.5% interest per annum from 7.1.1994 till the date of deposit of compensation. On deposit, the appellants can withdraw the entire amount. K. PADMANABHAN NAIR, JUDGE. cks MFA No.728/2001 4 K.PADMANABHAN NAIR, J. M.F.A.No.728 of 2001 JUDGMENT 29th February, 2008.