IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 11TH OCTOBER 2007 / 19TH ASWINA 1929 MFA.No. 459 of 2001(B) --------------------------- OPMV.1057/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT: PETITIONER ---------------------------- GOPALAN, S/o GOVINDAN, PAYYAKKIL HOUSE, (PATATHAZHAMOOLA), P.O. PERAMANGALAM, THRISSUR BY ADV. SRI.P.V.CHANDRA MOHAN SRI.T.VENUGOPALAN RESPONDENTS:RESPONDENTS ---------------------------------- 1. V.C. KURIAKOSE, S/o THOMMAN CHACKO NECHURKARAYIL PADINJARA VARUKUNNEL, MANIYADU VILLAGE, P.O. PIRAVOM MUVATTUPUZHA, ERNAKULAM 2. UNITED INDIA INSURANCE CO. LTD CITY BRANCH KUNNAMKARI ESTATE SHANMUGHAM ROAD, ERNAKULAM 3. SELVAKUMAR, S/o KUPPUSWAMY, KARAPPAN P.O. OMALLUR, SALEM, TAMIL NADU 4. SURENDRAN S/o BALAN, PULIKKAL HOUSE P.O. PERAMANGALAM, AVANOOR ROAD, THRISSUR 5. UNITED INDIA INSURANCE CO.LTD. BR. OFFICE B.O. 170801/19/2A JUNCTION MAIN ROAD, SALEM, TAMIL NADU BY ADV. SRI.K.JAJU BABU SRI.PMM.NAJEEB KHAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA 459/01 1 K.S. RADHAKRISHNAN & A.K. BASHEER, JJ. ---------------------------------------------------------------- M.F.A. No 459 of 2001 ---------------------------------------------------------------- Dated: 11th October 2007 JUDGMENT Radhakrishnan, J. Claimant is the appellant. Accident is not disputed; so also the insurance coverage. The only question to be considered is whether the compensation awarded by the Tribunal is just and proper. 2. Learned counsel for the claimant submitted that the amount awarded is on the lower side especially when contributory negligence has been found. We find no reason to interfere with the finding of the Tribunal. Sufficient reasons have been stated by the Tribunal for arriving at that conclusion. Tribunal has awarded a sum of Rs 12,000/- as compensation for pain and suffering. Considering the injuries sustained by the claimant as well as treatment undergone in the hospital for a long time and other attendant circumstances we award an amount of Rs 3,000/- more on that head. Claimant has produced Ext A4 disability certificate issued from the Medical College Hospital, which shows that the claimant has permanent disability of 20%. Tribunal adopting a rough and ready method MFA 459/01 2 awarded a sum of Rs 15,000/- under that head. Though certificate was produced doctor was not examined. Consequently the certificate as such cannot be relied. All the same, considering the injuries sustained by the claimant we are inclined to award an additional amount of Rs 5,000/- under that head. Therefore an additional amount of Rs 8,000/- is awarded which will carry interest at 7.5% from the date of petition till payment In all other respects the award would stand including the finding with regard to contributory negligence. The appeal is disposed of as above. Sd/- K.S. RADHAKRISHNAN Judge Sd/- A.K. BASHEER Judge 11/10/2007 en/ [true copy]