IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 MACA.No. 1246 of 2004 B ----------------------- OPMV.537/1999 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): PETITIONER: ---------------------------------------- JOSEPH, S/O. ANTONY, KOOTTAMACKAL HOUSE, PERUVANTHANAM VILLAGE, KANAYANKAVAYAL KARA, KANAYANKAVAYAL P.O. BY ADV. SRI.T.J.MICHAEL SRI.P.NOORSAMEER RESPONDENT(S): RESPONDENTS: ------------------------------------------------- 1. P.D. DEVASIA S/O. LUIS, PUNNACKAL HOUSE, KANAYANKAVAYAL, MATHAMBA, KANAYANKAVAYAL P.O. 2. BENNY @ SEBASTIAN S/O. DEVASIA PUNNACKAL HOUSE, KOINDU KARA, PERUVANTHANAM VILLAGE. 3. BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., KUMARAN ILLOM GREEN FIELD, UTTACKAMAND P.O., TAMIL NADU. ADV. SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ------------------------------------------ M.A.C.A. NO. 1246 OF 2004 B ------------------------------------------ Dated this the 3rd July, 2009 JUDGMENT K.M.Joseph, J. Appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act. He stands awarded Rs.11,550/= as compensation as against the claim of Rs.1 Lakh. 2. We heard the learned counsel for the appellant and also the learned counsel appearing on behalf of the third respondent Insurance Company. The appellant was awarded Rs.450/= towards bystander expenses, Rs.800/= towards transport charges, Rs.250/= towards damage to clothes and articles and Rs.400/= towards extra nourishment, Rs.2,250/= towards loss of earning and Rs.7,500/= towards pain and suffering. 3. Learned counsel for the appellant would submit that the appellant suffered Depressed nasal bridge and Oedema around both the eyes. We feel that the appellant can be awarded some MACA.1246/04B 2 more amount towards pain and suffering and loss of amenity. Accordingly, we award Rs.2,500/= towards pain and suffering and Rs.2,500/= towards loss of amenities. The Appeal is allowed in part and the appellant is allowed to realise Rs.5,000/= more with interest at 7.5 per cent from the third respondent from the date of the petition till the date of realisation. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge