IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 MACA.No. 1061 of 2007() ----------------------- OPMV.2081/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV) ------------------------------------------------ K.K.BALAKRISHNAN, S/O. GANGADHARAKURUP, AGED 49 YEARS, RESIDING AT KIZHAKKEKARAYIL HOUSE, KAKKUR POST, NADUVALLUR AMSOM, RAMALLUR DESOM, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS: RESPONDENTS IN OP(MV) ----------------------------------- 1. N.K.JOSE, S/O. KURIAN, AGE NOT KNOWN, NHAZHUVUMKATTIL HOUSE, ATHYODI POST, KOORACHUNDU, KOZHIKODE. (OWNER OF THE BUS NO.KED 594). 2. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, KINGS WAY BUILDING, MAVOOR ROAD JUNCTION, KOZHIKODE. (INSURER OF THE BUS NO.KED 594). BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.A.C.A.No.1061 of 2007 ------------------------------- Dated this the 10th April, 2008. J U D G M E N T Heard. Admitted. Advocate Sri.George Cheriyan appears for the second respondent, Insurance Company. Notice to first respondent dispensed with. The appeal itself is heard and disposed of. 2. The appellant met with an accident and sustained some minor injuries. The Tribunal awarded a consolidated amount of Rs.1000/= as compensation. Considering the facts and circumstances of the case, I am of the view that an amount of Rs.3500/= oughtt o have been awarded for pain and sufferings. So, the appellant is entitled to get an additional amount of Rs.3500/= as compensation. 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 M.A.C.A No.1061/2007 2 realisation. The 2nd 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.