IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 M.F.A.No.483 of 2003(E) ------------------------------------------------- O.P.(M.V.).NO.1094/1995 OF I ADDL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOLLAM (AWARD DATED 27.03.2002) .................... APPELLANT: PETITIONER:- --------------------------------------- ABDUL MAJEED, HIDAYATH MANZIL, KERALAPURAM WARD-I, PERINADU VILLAGE, KOLLAM. BY ADV. SRI.C.RAJENDRAN SMT.JISHAMOL CLEETUS SMT.ZERENE LINDA MITCHEL RESPONDENTS: RESPONDENTS:- ------------------------------------------------- 1. MURALEEDHARAN PILLAI, DEPUTY SALES MANAGER, KERALA CERAMICS LTD., KUNDARA, KOLLAM. 2. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., KUNDARA BRANCH, KOLLAM. R2 BY ADV. SRI.M.A.HAKKEEM SHAH THIS MISCELLANEOUS FIRST APPEAL HAVING COME UP FOR ORDERS ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- M.N.Krishnan,J. --------------------------- M.F.A.No.483 of 2003-E --------------------------- Dated, this the 30th day of May, 2008 JUDGMENT This appeal is preferred against the award of the Ist Additional Motor Accidents Claims Tribunal, Kollam in O.P.(M.V.).No.1094 of 1995. 2. The claimant sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.7,200/-. Exhibit A4 wound certificate would reveal that he had sustained back ache, severe tenderness over the left sacro iliac joint, haemarthrosis on both knees, sprain right ankle and swelling on the left foot with fracture on 4th metacarpal bone. Exhibit A5 certificate revealed that the claimant was treated for traumatic myalgia and low back pain. He has not produced any document to show the actual loss of earning or the actual leave he had taken. So, this Court cannot interfere with the award based on those two heads. 3. I feel, considering the fact that the claimant had sustained severe back pain and swelling on different parts of the body, he would have undergone excruciating pain. Therefore, I enhance the compensation for pain and suffering by Rs.1,000/- more and also Rs.1,000/- more for the loss of amenities and enjoyment in life. M.A.C.A.No.483 of 2003 - 2 - 4. Therefore, the appeal is partly allowed and the claimant is awarded an additional compensation of Rs.2,000/- (Rupees two thousand only) with 7% interest on the said sum from the date of petition till realisation and the 2nd respondent-Insurance Company is directed to pay the said amount within sixty days from the date of receipt of a copy of this judgment. M.N.Krishnan Judge vku/-