INDULEKHA Vs. A RAVICHANDRAN

JUDGEMENT

(1.) C.M.Appl.No.1443 of 2011 is to condone the delay of 1885 days in filing a Motor Accident Claims Appeal. The appeal in turn is directed against the quantum of compensation awarded to the appellants following the accidental death in a motor accident of their predecessor, the deceased, who was aged 33 years. As against the claim of Rs.4,00,000/-, only an amount of Rs.2,39,000/- was awarded.

(2.) WE have gone through the affidavit filed to support the prayer for condonation of delay. There is an enormous delay of 1885 days. WE are not persuaded to agree that there is sufficient reason to justify the prayer for condonation of this enormous delay. The petition for condonation of delay therefore deserves to be dismissed.

(3.) THE appellants claim to be aggrieved by the impugned award. Called upon to explain the nature of the challenge, the learned counsel for the appellants submits that the amount of Rs.1,500/- reckoned as monthly income is too low. We must alertly remind ourselves that the accident had taken place on 15.05.1997. Though it was asserted in the petition that the deceased was conducting a binding press, at the stage of evidence it was asserted that he was a book binder. No better evidence whatsoever was adduced in support of that assertion. THE Tribunal, in these circumstances, drawing inspiration evidently from clause 6 of the second schedule of the Motor Vehicles Act, reckoned the notional monthly income as Rs.1,500/-. We are unable to hold that the Tribunal has committed any such error warranting appellate interference. THE learned counsel for the appellants then contends that interest is awarded only @ 6% per annum. Interest must have been awarded at least @ 7.5% per annum, submits the learned counsel for the appellants. We note that the claim itself was lodged only on 29.02.2000 long after the accident. THE awarding of interest @ 6% per annum cannot be, in these circumstances, said to be such an inadequacy warranting invocation of the appellate powers under Section 173 of the Motor Vehicles Act.