IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 MFA.No. 624 of 2002() --------------------- OPMV.1053/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT: APPLICANT -------------- M.MOHAMMED,S/O.KUNHADEENKUTTY, MELETHODY HOUSE, P.O.CHELAMBRA,MALAPPURAM DISTRICT BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: RESPONDENTS ----------------- 1. V.N.MOHANDAS,S/O.GOVINDANKUTTY NAIR, CHERUKATTITHAZHAM HOUSE,KUMMERI P.O., KOZHIKODE (DRIVER) 2. K.BEERAN,S/O.MOIDEEN KOYA,SAICO COTTAGE, RAVA WORKS,POKKUNNU,KOZHIKODE (OWNER) 3. UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY DIVISIONAL MANAGER,MANJERI. BY ADV. SRI.MATHEWS JACOB THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.F.A.No.624 of 2002 ------------------------------- Dated this the 11th February, 2008. J U D G M E N T The applicant in O.P.(M.V.) No.1053/1995, on the file of the Motor Accidents Claims Tribunal, Manjeri, has filed this appeal challenging the quantum of compensation awarded to him. On 5.12.1994, the appellant met with a road traffic accident. He filed the original petition claiming compensation Rs.44,000/=. But the same was limited to Rs.20,000/=. The Tribunal awarded an amount of Rs.15,000/= with 9% interest. According to the appellant, the compensation awarded is inadequate. Hence, this appeal. 2. The appellant had not sustained any bony injuries. He sustained a lacerated wound on the palmar area of left thumb with part of the pulp lost 2 x 1 cm. in size. Petitioner was awarded an amount of Rs.3000/= for pain and sufferings, and Rs.2000/= for disability. I am of the view that the Tribunal ought to have awarded another Rs.2000/= for pain and sufferings and Rs.1500/= more for M.F.A.No.624/2002 2 disability. So, the total additional compensation due to the appellant will come to Rs.3500/=. I do not find any reason to modify the amount awarded on other counts. In the result, the appeal is allowed in part. An award is passed allowing the appellant to recover an amount of Rs.3500/= as additional compensation from the second respondent, Insurance Company, with 7.5% interest from the date of petition, till the date of realisation. The third respondent is directed to deposit the above amount in favour of the appellant. On deposit, the appellant can withdraw the amount. K.PADMANABHAN NAIR, JUDGE nj. K.PADMANABHAN NAIR, J. ------------------------------- M.F.A.No.624 of 2002 J U D G M E N T Dated:11th February, 2008. -------------------------------