IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 MFA.No. 937 of 2002() --------------------- OPMV.343/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT: PETITIONER: ---------------------- JANAKI, WIFE OF LATE THEYYAN, AGED 62 YEARS, PONNATHODY VEEDU, KODUMUNDA POST, PATTAMBI VIA, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR RESPONDENTS: RESPONDENTS: ------------------------- 1. SREEKUMAR, SON OF NARAYANANKUTTY, ADDYSSIYAR, AGE NOT KNOWN, VADEKKEKUNNATH VEEDU, VRINDAVANAM, PALLIPPURAM. 2. RAMESHAN, SON OF SUNDARAN, AGED ABOUT 28 YEARS, PALLIPURATH VEEDU, KODUMUNDA. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, PALAKKAD. R3 BY ADV. SRI.M.A.GEORGE THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.937 of 2002 ------------------------------------------------- Dated, this the 7th day of January, 2008 JUDGMENT Notice to respondents 1 and 2 dispensed with. Appeal itself is heard and disposed of after hearing the counsel for the appellant as well as standing counsel for third respondent insurer. 2. Appellant met with a motor vehicle accident on 25.2.2000. She filed a petition claiming compensation impleading the owner, driver and insurer of the vehicle. Owner and driver did not contest. Insurer alone contested. Negligence alleged against the driver of the vehicle was denied. It was contended that the injuries sustained by the appellant were minor in nature. Quantum of compensation claimed was also disputed. After trial the Tribunal found that the accident occurred due to the rash or negligent driving of the driver of the vehicle. It further found that the petitioner was entitled to get compensation. Tribunal awarded an amount of Rs.10,000/- as compensation with interest. Insurer was directed to pay that amount. Challenging the quantum of compensation petitioner herself has filed this appeal. 3. The only question arising for consideration in this appeal is whether the appellant is entitled to get any additional compensation. The medical evidence adduced in this case shows that petitioner was admitted in the hospital with pain lower jaw, bleeding from lower gum, broken teeth, etc. Ext.A4 discharge MFA No.937/2002 -: 2 :- summary shows that the petitioner had mild brain edema and tenderness over the left condyle and her anterior tooth had become mobile. Ext.A5 discharge certificate shows that two of her teeth were extracted on account of the injury sustained in the accident. In spite of the serious nature of the injuries the Tribunal did not award any amount towards pain and suffering. I am of the view that the Tribunal ought to have awarded at least an amount of Rs.10,000/- for pain and suffering, inconvenience and loss of amenities. It will carry interest at the rate of 6% per annum from the date of petition till the date of realisation. In the result, appeal is allowed in part. An award is passed in favour of the appellant allowing her to recover an amount of Rs.10,000/- more with 6% interest per annum from the date of petition till the date of realisation. Third respondent insurer is directed to deposit that amount also. On deposit appellant can withdraw the entire amount. K. PADMANABHAN NAIR, JUDGE. cks MFA No.937/2002 -: 3 :- K.PADMANABHAN NAIR, J. M.F.A.No.937 of 2002 JUDGMENT 7th January, 2008.