IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 MFA.No. 608 of 2002() --------------------- OPMV.540/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT: APPELLANT: -------------- MANOJ NIDUMBRATH, S/O. GOPALAN, AGED 27 YEARS, POLISH WORKER, NOW RESIDING AT AYIKKARA, NEAR GOVT. HOSPITAL, KANNUR. BY ADV. SRI.M.K.SUMOD RESPONDENTS: RESPONDENT: ------------------ 1. SRI. P.C. ABDUL RAZAK, S/O. ABDUL KHADER, P.C. HOUSE, ELAYAVOOR, P.O. VARAM, KANNUR. * 2. SRI. C. SATHEESHAN, S/O. DASAN, CHANDROTH HOUSE, PUZHATHI AMSOM, PODIKKUNDU DESOM, KANNUR. (Died) (APPELLANT IS EXEMPTED FROM IMPLEADING THE LEGAL REPRESENTATIVES OF DECEASED 2ND RESPONDENT AT THE RISK OF THE PETITIONER AS PER ORDER DATED 19.10.2007 IN I.A.NO.2420/2007) 3. THE ORIENTAL INSURANCE CO. LTD., KANNUR. BY ADV. SRI.M.SANTHOSHKUMAR SRI.M.JACOB MURICKAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.F.A.No.608 of 2002 ------------------------------- Dated this the 4th February, 2008. J U D G M E N T Petitioner in O.P.(M.V.) No.540/1996, on the file of the Motor Accidents Claims Tribunal, Thalassery, is the appellant. Appellant sustained injuries in a motor vehicle accident, which took place on 30.11.1995. He filed a petition claiming compensation. It was averred that the accident occurred due to the negligence of the driver of a stage carriage bus bearing Registration No.KRC 4795. Appellant sustained a fracture of clavicle and ribs. The owner and driver did not contest the matter. Insurer alone contested the matter. The accident was not admitted. The quantum of compensation was also disputed. The Tribunal found that the accident occurred due to the negligence of the driver of the bus. An amount of Rs.7350/= was awarded and the Insurer was directed to pay the amount. The evidence on record shows that the appellant sustained injuries on his scalp and elbow. Considering all aspects of the matter, I am of the view that the Tribunal ought to have awarded at least Rs.5000/= more for inconvenience, for the loss of amenities etc. I do not find any reason to modify the amount awarded on other counts. MFA. No.608/2002 2 In the result, the appeal is allowed in part. An award is passed allowing the appellant to recover an amount of Rs.5000/= more as additional compensation with 7.5% interest from the date of petition, till the date of realisation. The third respondent, Insurer, is directed to deposit the above amount in favour of the appellant. On deposit, the appellant can withdraw the entire amount. K.PADMANABHAN NAIR, JUDGE nj. K.PADMANABHAN NAIR, J. ------------------------------- M.F.A.No. 608 of 2002 J U D G M E N T Dated:4th February, 2008. -------------------------------