IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 599 of 2007()
1. MR.VAMAKESAN V.P.,
... Petitioner
Vs
1. THE SECRETARY, POPULAR MOTOR TRANSPORT
... Respondent
2. MR.BENNY, S/O.UTHAMAN,
3. UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SRI.K.JANARDHANAN
For Respondent :SRI.A.A.MOHAMMED NAZIR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :10/12/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.599 OF 2007
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Dated this the 10th day of December 2008
JUDGMENT
This appeal is preferred against the award of the Addl.Motor
Accidents Claims Tribunal, Ernakulam in O.P.(MV)No.851 of 1998. The
claimant sustained injuries in a road accident and it is submitted by the
learned counsel that though he preferred a claim for Rs.75,000/- he has
restricted it to Rs.50,000/-. The Tribunal found that the claimant is entitled
to a sum of Rs.65,913/-. Since he has restricted his claim to Rs.50,000/- he
was only awarded the said amount of Rs.50,000/- with interest. Now it is a
well settled position of law that in motor accident claim cases when the
Tribunal finds that the entitled compensation is more than what is claimed,
it is at liberty to grant the same irrespective of the fact that the claim is
lesser than that amount. As far as this case is concerned, the claimant really
moved an application for Rs.75,000/-, but restricted it to Rs.50,000/-. So
one cannot say that he was totally wrong when he claimed only Rs.50,000/-.
In the light of the present position on the subject, I am inclined to grant the
amount awarded by the Tribunal, viz., Rs.65,913/-, i.e. a further
MACA 599/2007 -:2:-
compensation of Rs.15,913/- as additional compensation. But, I make it
clear that this additional compensation of Rs.15,913/- would bear interest
from the date of petition till 18.6.2005 and from 11.4.2007 till realisation. I
also make it clear that the claimant has to pay the balance court fee for this
amount of Rs.15,913/- also.
In the result, MACA is partly allowed and the claimant is entitled to
an additional compensation of Rs.15,913/- with 9% interest on the said
sum from the date of petition till 18.6.2005 and from 11.4.2007 till
realisation from the insurance company. The claimant is also bound to pay
the balance court fee before he withdraws the amount from the Tribunal.
The insurance company is directed to deposit the amount within a period
of 60 days from the date of receipt of a copy of this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-