IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 MFA.No. 302 of 2003(B) -------------------------------- OPMV.722/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD, KALPETTA .................... APPELLANT: PETITIONER -------------------------------------- RAVI S/O. KARUPPAN, VELLAMKOLLY HOUSE, CHUNDALE POST, VYTHIRI TALUK, WAYANAD DISTRICT BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. HARIDASAN S/O. KARUPPAN, MULLENPARA HOUSE, CHERATTI, VYTHIRI TALUK, WAYANAD DISTRICT, KERALA (DRIVER OF KL 11/B-4016 JEEP D.L.NO. NOT KNOWN ) 2. K.T.KUNHABDULLA S/O. LATE EBRAHIM HAJI, THERATH HOUSE, PONMERIPARAMBIL P.O., VILLIAPPILLY, VADAKARA. (INSURED OF KL 11/B-4016 JEEP) 3. NEW INDIA ASSURANCE COMPANY LTD., M.G.T. BUILDINGS, KALPATTA INSURER OF KL 11/B-4016 JEEP POLICY NO. 31760455751) BY ADV. SRI.M.M.HUSSAIN - R3 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.F.A.No.302 of 2003 ===================== Dated this the 13th day of June, 2008. JUDGMENT Koshy,J. The appellant in this case sustained injuries in a motor accident on 10.1.1995. Against her claim of Rs.25,000/- the Tribunal awarded only Rs.1,500/-. Only the quantum of compensation is disputed in the appeal. Ext.A15 wound certificate shows the following injuries: "Contusion left hip and an abrasion right arm" The appellant was treated in the hospital as an inpatient for five days. The Tribunal has allowed only Rs.300/- for loss of earning. We are of the opinion that since he was an inpatient for five days and for another five days he was unable to do any work, we are of the opinion that Rs.300/- more ought to have been awarded for loss of earning. The Tribunal has awarded only Rs.50/- for medical expenses. Since he was an inpatient for five days and there will be many expenses covered by the medical bills and MFA 302/03 -: 2 :- other expenses, we award Rs.450/- more. For pain and suffering only Rs.1,000/- was awarded by the Tribunal. We are of the opinion that at least Rs.3,000/- ought to have been awarded by the Tribunal. Thus, he is entitled to an additional amount of Rs.2,750/-. The above amount of Rs.2,750/- should be deposited by the third respondent - Insurance Company with 7.5% interest from the date of application till its deposit. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 14/6