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Judgment
M.N. Krishnan, J.—This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P. (MV) 1676/01. This is a second round of litigation. The claimant who has sustained injuries in a road accident was awarded a compensation of Rs. 36,000/ - and the insurance company was exonerated from the liability on the ground that no additional premium was paid. It is against that decision an appeal was preferred before this Court and I had remanded the case back to consider the liability of the insurance company as well as the quantum. By the subsequent decision and the clarificatory circular issued by the Insurance Regulatory and Development Authority since the vehicle was covered by a package policy the insurance company was made liable. The claimant had produced a disability certificate even at the time of the first appeal and the Tribunal has rejected his contention on the ground that no evidence is adduced to prove the disability. But in spite of giving an opportunity to the claimant to substantiate his contention by way of remand, the case did not improve and he did not take any effective steps to satisfy the conscience of the Court regarding the alleged disability. But the Court on a consideration of the material compensated some thing more for the loss of one tooth and thereby the compensation was increased from Rs. 36,000/ - to Rs. 38,000/ -. Therefore I do not find any ground to interfere with respect to the quantum.
The only other point is regarding the interest. Now the rate of interest that is ordinarily given is 7.5% but it is seen that the Tribunal has only awarded 6%. It requires interference. Therefore the entire award amount will bear an interest at the rate of 7.5% from the date of petition till realisation.
The appeal is disposed of accordingly.
