IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 MFA.No. 975 of 2002() ------------------------------- OPMV.1684/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT: PETITIONER ----------------------------------- VIKRAMAN NAIR,S/O.LATE K.MADHAVAN PILLAI KUZHUMUM MELE PUTHEN VEEDU, MANAPPURAM, MACHAYIL P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.J.HARIKUMAR RESPONDENTS: RESPONDENTS ------------------------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM-23. *2. SUDARSANAN NAIR, S/O. CHELLAPPAN PILLAI, ELAYADATHUVILA VEEDU, MUNTONIKKARA, KALLARA P.O., THIRUVANANTHAPURAM DISTRICT AND WORKING AT DRIVER, K.S.R.T.C. DEPOT. EAST FORT, THIRUVANANTHAPURAM. (IT IS RECORDED THAT THE LEGAL HEIRS OF THE SECOND RESPONDENT NEED NOT BE IMPLEADED FOR PROCEEDING THE APPEAL AS PER ORDER DAGTED 15.11.2007 ON MEMO DATED 7.11.2007 BEARING CF NO.11720/2007) BY ADVOCATE SHRI K. PRABHAKARAN, SC K.S.R.T.C. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.975 of 2002 ------------------------------------------------- Dated, this the 5th day of February, 2008 JUDGMENT Petitioner in O.P.(MV) No.1684/1998 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram is the appellant. Appellant sustained injuries in a motor vehicle accident on 1.10.1998. He filed Original Petition claiming compensation, impleading the owner and driver of the bus. It was alleged that the accident occurred due to the negligence of the driver of the bus. Appellant claimed an amount of Rupees Two lakhs as compensation. Tribunal found that the accident occurred due to the negligence of the second respondent driver and awarded a compensation of Rs.57,250/-. Dissatisfied with the quantum of compensation awarded the petitioner himself has filed this appeal. 2. The main grievances of the appellant in this appeal are that the monthly income fixed by the Tribunal is too low and without any reason the Tribunal reduced disability to 10% though the appellant produced a disability certificate showing 12% disability and examined the doctor. After considering all aspects of the matter I am of the view that the Tribunal ought MFA No.975/2002 2 to have awarded Rs.10,000/- for loss of amenities. So the appellant is entitled to get Rs.10,000/- with 7.5% interest per annum from the date of petition till the date of realisation as additional 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.10,000/- more with 7.5% interest per annum from the date of petition till the date of realisation. First respondent owner is directed to deposit the amount. On deposit the appellant can withdraw the entire amount. K. PADMANABHAN NAIR, JUDGE. cks MFA No.975/2002 3 K.PADMANABHAN NAIR, J. M.F.A.No.975 of 2002 JUDGMENT 5th February, 2008.