IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 728 of 2001()
1. L.J. SAVITHRI
... Petitioner
Vs
1. M.R. PURUSHOTHAMA KURUP
... Respondent
For Petitioner :SRI.A.K.ALEX
For Respondent :SRI.P.JAYASANKAR
The Hon'ble MR. Justice K.PADMANABHAN NAIR
Dated :29/02/2008
O R D E R
K. PADMANABHAN NAIR ,J.
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M.F.A.No.728 of 2001
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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
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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
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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.