IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 MFA.No. 851 of 2000(B) ---------------------- OPMV.918/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER: ----------- CHRISTOPHER, S/O.DEVADASAN, KOTTATHARA. P.O., MANNARGHAT. BY ADV. SRI.T.M.SUNIL SMT.S.CHITHRA RESPONDENTS/RESPONDENTS: ------------- 1. M.SUBRAMANAIN, S/O.MURUGANADA GOUNDER, KUZHIKKATTUTHOTTAM, ELACHI (VIA), ELAVADIYOOR, AGALI. 2. MOYDEEN @ RAWTHER, S/O.HANEEFA, ELAVADIYOOR P.O., MANNARGHAT. 3. UNITED INDIA INSURANCE CO. LTD., MANNARGHAT. R3 BY ADV. SRI.A.A.MOHAMMED NAZIR THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.851 of 2000 ------------------------------------------------- Dated, this the 18th day of February, 2008 JUDGMENT Heard. Admitted. Notice to R1 and R2 dispensed with. Adv. Shri A.A.Mohammed Nazir takes notice for R3. Appeal itself is heard and disposed of. 2. Appellant sustained injuries in a motor vehicle accident. He sustained 6th rib fracture injury and other fleshy injuries. Tribunal awarded Rs.11,450/- as compensation. Appellant was awarded an amount of Rs.4,000/- as head injury compensation. After hearing both sides, I am of the view that at least Rs.5,000/- more ought to have been awarded on the count of pain and suffering and head injury compensation. In the result, appeal is allowed in part. An award is passed in favour of the appellant allowing him to recover an amount of Rs.5000/- as additional compensation with interest at 7.5% per annum from the date of petition till the date of realisation. Insurer is directed to deposit that amount also. On deposit appellant can withdraw the amount. K. PADMANABHAN NAIR, JUDGE. cks 2 K.PADMANABHAN NAIR, J. M.F.A.No.851 of 2000 JUDGMENT 18th February, 2008.