IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MFA.No. 1195 of 1997() ------------------------------- OPMV.812/1992 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER -------------------------------------- V.K.BALAKRISHNAN, S/O. ANIYAN, EDATHILPURAYIL, NARIKUN.P.O., KOZHIKODE DISTRICT. BY ADV. SRI.B.G.BIDAN CHANDRAN RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. SULAIMAN, S/O. AHAMMEDKUTTY, VAYALI HOUSE, KUNNAMANGALAM, MADAVOOR, KOZHIKODE. 2. ABOOBACKER, S/O. ALI, KOTTAM PURA LAKSHAM VEEDU, ELATTIL, KOZHIKODE. 3. M/S. THE UNITED INDIA INSURANCE CO. LTD., WHITE LINES, KALLAI ROAD, KOZHIKODE ADV. SRI.SIBY MATHEW SMT.P.A.REZIYA THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.F.A.No. 1195 OF 1997 --------------------------------- Dated this the 27th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.812/92. The claimant sustained injuries in a road accident that took place on 18.7.91. The tribunal has awarded a compensation of Rs. 4,500/-. It is against that decision the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the Insurance Company. A perusal of the award would reveal that, Ext. A2 wound certificate shows that he was treated in the General Hospital, Kozhikode and later he has complained of pain on the right forearm and right hand he was referred to the Medical College Hospital, Kozhikode, where he has complained of pain of the neck and stiffness. He was treated there for three weeks and advised to use soft cervical collar for around a fortnight. The investigation revealed that he has slight cervical spondylosis. The tribunal awarded a total sum of Rs. 4,500/- as compensation. There are no other materials to show that it has aggravated and it had caused him any disability and there are no further treatment records to M.F.A.No. 1195/1997 -2- show any future complication. But the fact remains that he was forced to wear cervical collar and he was consistently having pain on the neck. So taking into consideration these aspects, I am inclined to enhance the amount by Rs. 2,500/-. In the result, the M.A.C.A. is partly allowed and the claimant is awarded an additional compensation of Rs. 2,500/- with 7% interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the same within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm