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. 1090 of 2007() ----------------------- OP(MV)92/2005 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV) ------------------ SHAMSUDHEEN.V., S/O.SAIDALAVI, AGED 27 YEARS, RESIDING AT THAZHANCHERIPADAM, FEROKE COLLEGE POST, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS/RESPONDENTS IN OP(MV) ------------------------ 1. RUKHIYA, W/O.ALAVI, AGE NOT KNOWN, RESIDING AT KANNANGATTU HOUSE, AASARITHODI, RAMANATTUKARA POST, KOZHIKODE. (OWNER OF THE MOTOR CYCLE NO.KL-11-837). 2. THE ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, SEEMA BUILDING, GH ROAD, KOZHIKODE (INSURER OF THE MOTOR CYCLE NO. KL-11-837). 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.1090 of 2007 ------------------------------- Dated this the 10th April, 2008. J U D G M E N T Heard. Admitted. Advocate Sri.George Cheriyan takes notice for the second respondent. Notice to the first respondent dispensed with. The appeal itself is heard and disposed of. Petitioner in O.P.(M.V.) No.92/2005, on the file of the Motor Accidents Claims Tribunal, Kozhikode, is the appellant herein. Appellant met with an accident. He suffered pain all over the body, and there was a fracture of crown of teeth. Still, the Tribunal awarded an amount of Rs.2000/= as compensation. According to me, the Tribunal ought to have awarded an amount of Rs.4000/= more for the pain and sufferings, and also for the fracture on the crown of the teeth. So, the appellant is entitled to get an amount of Rs.4000/= as compensation. In the result, the appeal is allowed in part. An award is passed allowing the appellant to recover an amount of Rs.4000/= as additional compensation from the second respondent, Insurance Company, with 7.5% interest from the date of petition, till the date of MACA No.1090/2007 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.