IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 MFA.No. 577 of 2002(B) ---------------------- OPMV.808/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT: PETITIONER: ----------------------------------------- VALSALA, PULIYANGATTU MEETHAL, KEEZHARIYOOR AMSOM, KOYILANDY TALUK, NADUVATHUR DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.R.PARTHASARATHY SMT.S.LAKSHMY RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. K.SREEKUMAR, KANNIATH HOUSE, P.O.PERAVOOR, TELLICHERI. 2. SANTHOSH KUMAR, ONAMKANDY HOUSE, NANMINDA AMSOM, DESOM, P.O.NANMINDA, KOZHIKODE. 3. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, JUBLIEE SQUARE SHOPPING COMPLEX, HOSPITAL ROAD, TELLICHERRY. R3 BY ADV. SRI.N.S.MOHAMMED USMAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.F.A. No. 577 OF 2002 --------------------- Dated this the 22nd day of May, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Vadakara, in OP(MV) No.808/97 whereby the appellant/petitioner has been awarded a compensation of Rs.4,500/-. Aggrieved by the same, the appellant/petitioner has preferred this appeal. 2. Heard both sides. The dispute is only with respect to the quantum of amount. It is stated in the award that the appellant/petitioner had complaints of pain on the leg and the cheek. There was no external injury. But appellant/petitioner was referred to the medical College Hospital, Kozhikode and was treated for cervical spine injury and the OP card also would reveal the same. Appellant/petitioner was advised to take complete bed rest at home and were given pain killers and other medicines. X-ray of the spine also revealed some problem. Therefore the compensation awarded appears to be on the lower side. The appellant/petitioner is a headload worker by profession. On account of the injuries and the MFA NO.577/02 2 fact that she was in hospital for eleven days one has to compensate her for the loss of earnings for six weeks. When this is done at the rate of Rs.3,000/- per mensum appellant/petitioner will be entitled to Rs.4,500/- that is an additional amount of Rs.4,000/-. Similarly appellant/petitioner has also suffered excruciating pain and temporary inconvenience for which an additional compensation of Rs.3,000/- can be awarded. So appellant/petitioner will be entitled to an additional compensation of Rs.7,000/- with 7% interest. In the result, MFA is partly allowed. An additional compensation of Rs.7,000/- with 7% interest is awarded from the date of petition till realisation. The Insurance company is directed to deposit the same within a period of 60 days from today. M.N.KRISHNAN, JUDGE vps MFA NO.577/02 3 MFA NO.577/02 4 MFA NO.577/02 5