IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 MACA.No. 1203 of 2004() ----------------------- OPMV.104/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER. --------------------------------- LALU, S/O.DANIEL, MULAKKAL HOUSE, KURICHIKKARA P.O. MATTAMPURAM, THRISSUR. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS/RESPONDENTS: ------------------------------------------ 1. SASINDRAN V.M. S/O.MADHAVAN, UPPATHU HOUSE, PAZHUVIL, THRISSUR. 2. N.G.SHABU, S/O.GANGADHARAN, NELLIPARAMBIL HOUSE, PAINOOR, PERINGOTTUKARA, THRISSUR. - DELETED AS PER ORDER DT.22.6.09 IN I.A. 1605/09. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, MAHESWARI BUILDING, M.G.ROAD, THRISSUR 680 001. ADV. DR.ELIZABETH VARKEY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1203 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of June, 2009 JUDGMENT Joseph, J. The appellant is the petitioner in O.P.(M.V) No. 104 of 2000, which is a petition filed under Section 166 of the Motor Vehicles Act. He stands awarded a sum of Rs.26,000/- 2. Heard the learned counsel for the appellant and the learned counsel for the Insurance Company. 3. The learned counsel for the appellant submitted that the appellant suffered a head injury also. Exts.A6 and A7 are medical certificates. Ext.A6 is a certificates issued by a Neurosurgeon. He has assessed the permanent disability of the petitioner at 10%. The Orthopaedic Surgeon assessed his disability, vide Ext.A7, at 5%. But it is complained that the Tribunal has assessed the disability at 3% only. It is further contended that no amount is awarded towards loss of amenities. M.A.C.A.No. 1203 of 2004 2 4. The learned counsel for the Insurance Company supported the award passed by the Tribunal. 5. Having regard to the nature of the injuries, we are of the view that the appellant can be awarded a sum of Rs.5,000/- more towards disability and loss of earning power, for which a claim of Rs.50,000/- was made though separately. We also notice that the appellant is awarded nothing towards loss of amenities. In the nature of the injuries, we feel that we can safely award Rs.10,000/- towards loss of amenities. Thus the appellant is allowed to realise an amount of Rs.15,000/- more with interest at the rate of 7.5% from the date of the petition till the date of realisation from the third respondent. This appeal is allowed as above. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm