IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 MACA.No. 2062 of 2005(C) ----------------------- OP(MV).126/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/RESPONDENTS: -------------------------------------- UNITED INDIA INSURANCE CO. LTD., REP. BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/ PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY: ------------------------------------------------------------------------------------------------- 1. VINEETHA, NOW AGED 19 YEARS, VADAKKEKKARA HOUSE, MATTPPARA, KOLANGARA.P.O, S.BATHERY TALUK. 2. PRADEEP KUMAR, S/O.PREMADASAN, PANAKKAPARAMBIL HOUSE, AYIRAMKOLLY, AMBALAVAYAL.P.O. 3. K.T.GOPALAKRISHNAN, S/O.KUNJUKRISHNAN NAMBIAR, AYIRAMKARA, VELLAMUNDA.P.O. BY ADV. SRI.S.EASWARAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 2062/05 ORDER ON I.A.No. 3582/05 IN M.A.C.A.No. 2062/05 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 17.07.2008 /TRUE COPY/ P.A. TO JUDGE. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2062 OF 2005 = = = = = = = = = = = = = = = Dated this the 17th day of July, 2008. J U D G M E N T This appeal is preferred by the insurance company against the quantum of compensation granted by the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)126/02. I am really pained to state that there has been total non- application of mind by the Tribunal in awarding this compensation. The wound certificate produced by the party would reveal that she had three abrasions, (1) abrasion left side of the face, (2) abrasion back of the left wrist and (3) abrasion of the left knee. She was originally treated in a Government Hospital and again after reaching home she came back and got readmitted for a period of four days. I do not want to elaborate on the heads under which the compensation has been awarded. Considering the fact that the girl has sustained abrasions on the face I am inclined to grant a total compensation of Rs.5,000/-. The award of the Tribunal granting Rs.20,000/- is set aside. M.A.C.A. 2062 OF 2005 -:2:- In the result the MACA is partly allowed and the award of the Tribunal is modified and the claimant is awarded a compensation of Rs.5,000/- with 6% interest on the said sum from the date of petition till realisation. If the insurance company has already deposited the amount and if there is any excess amount it will be reimbursed to them and the entitled compensation to the claimant be disbursed. M.N. KRISHNAN, JUDGE. ul/-