IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 MFA.No. 644 of 2001() --------------------- OPMV.341/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER: ----------- ABITHA, W/O.ALI, AGED 25 YEARS, KAKKADATH HOUSE, KOOTTANAD POST, PATTAMBI VIA, THIRUMITTAKKODE, PALAKKAD DT. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR RESPONDENTS/RESPONDENTS: ------------- 1. SANKUNNY MENON, FATHER'S NAME AND AGE NOT KNOWN, PALLIYALIL HOUSE, THEJAS, PUNKUNNAM, THRISSUR DT. 2. UNNIKRISHNAN S/O.GANGADHARAN, AGE NOT KNOWN, PULIKKAL HOUSE, CHOONDAL AMSOM AND DESOM, KUNNAMKULAM. 3. THE NATIONAL INSURANCE COMPANY LIMITED, GURUVAYOOR. BY ADV. SRI.P.R.RAMACHANDRA MENON SMT.RAJI T.BHASKAR THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.644 of 2001 ------------------------------------------------- Dated, this the 26th day of March, 2008 JUDGMENT The petitioner in O.P.(MV) No.341/1999 on the file of the Motor Accidents Claims Tribunal, Ottapalam is the appellant. Appellant sustained injuries in a motor vehicle accident involving a stage carriage bus bearing registration No.KBR 5013. She filed petition claiming compensation impleading the owner, driver and insurer of the vehicle. Tribunal found that accident occurred due to the negligence of the driver of the vehicle. It awarded an amount of Rs.11,340/- as compensation and directed the insurer to pay the same. Complaining inadequacy of compensation the petitioner herself has filed this appeal. 2. The only question arising for consideration in this appeal is whether the appellant is entitled to get any additional compensation. A reading of the wound certificate shows that appellant sustained crush injury to her left hand and there was partial skin loss and partial cut of index finger. She sustained other fleshy injuries also. Tribunal awarded only an amount of Rs.1,000/- as compensation for temporary loss of earning power and Rs.3,000/- for pain and suffering. Appellant was aged only 18 years at the time of accident. She is a house wife and she sustained crush injury to her hand. Considering all aspects of the matter I am of the view that the Tribunal ought to have awarded at least MFA No.644/2001 2 Rs.6,000/- more as compensation on the count of partial disability she sustained and loss of amenities, etc. So the appellant is entitled to get an amount of Rs.6,000/- as additional compensation which will carry interest at the rate of 7.5.%. In the result, appeal is allowed in part. An award is passed in favour of the appellant authorising her to recover an amount of Rs.6,000/- as additional compensation with 7.5% interest per annum from the date of petition till the date of realisation. Third respondent insurer is directed to deposit the additional compensation also. On deposit the appellant can withdraw the entire amount. K. PADMANABHAN NAIR, JUDGE. cks MFA No.644/2001 3 K.PADMANABHAN NAIR, J. M.F.A.No.644 of 2001 JUDGMENT 26th March, 2008.