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. 207 of 2003(D) ------------------------------- OPMV.723/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD, KALPETTA .................... APPELLANT: PETITIONER: ------------------------------------- MICHAEL ANTONY, S/O. ANTONY, PUTHANPURAYIL HOUSE, ANAPPARA, CHUNDALE POST, VYTHIRI TALUK, WAYNAD DIST. 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, KALPETTA, INSURER OF KL-11/B-4016 JEEP. BY ADV. SRI.M.M.HUSAIN - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.F.A.No.207 of 2003 ===================== Dated this the 13th day of June, 2008. JUDGMENT Koshy,J. The claimant - appellant sustained injuries in a motor accident on 10.1.1995. Against a claim of Rs.25,000/-, only Rs.1,600/- was awarded by the Tribunal. Only the quantum of compensation is disputed in this appeal. As per Ext.A16 wound certificate, the following injuries are sustained by him. "Abrasion right arm 2 x 1 cm abrasion right forehead 2 x 1 cm and contusion right knee 2 x 1 cm." He was admitted and treated as an inpatient in the hospital for six days. It is true that there was no permanent disability. But considering the fact that he was an inpatient for six days and for the period of rest other than the inpatient treatment period, for loss of actual earning, medical treatment and pain and suffering, we are of the opinion that the Tribunal ought to have awarded MFA 207/03 -: 2 :- Rs.3,500/- more over and above the amount of Rs.1,600/- awarded by the Tribunal. The above amount of Rs.3,500/- 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 party allowed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 14/6