IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 MACA.No. 1280 of 2004() ----------------------------------- OPMV.551/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ---------------------------------- LISSY JOSEPH, W/O. JOSEPH, PADAVATHIL, THONIKKADU, OLASSA, AYMANAM, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: RESPONDENTS IN O.P: ---------------------------------------------------- 1. ANTONY THOMAS, S/O. JOSEPH THOMAS, PADAVATHIL HOUSE, AYMANAM, OLASSA, KOTTAYAM. 2. THOMAS STEPHEN, S/O. ESTHAPPAN, IYKKARA MANALIL, OLASSA, KOTTAYAM. 3. THE ORIENTAL INSURANCE COMPANY, KOTTAYAM, REPRESENTED BY THE DIVISIONAL MANAGER. BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28.2.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = M.A.C.A. NO.1280 OF 2004 = = = = = = = = = = = = = = = = = = = Dated this the 28th day of January, 2008 J U D G M E N T -------------------- Admitted. Advocate Shri V.R.K. Panicker takes notice of the third respondent. Notice to respondents 1 and 2 dispensed with. Appeal itself is heard and disposed of. 2. Appellant is the petitioner in O.P(MV) No.551 of 1999 on the file of the Motor Accidents Claims Tribunal, Kottayam. She sustained injuries in a motor vehicle accident which took place on 30.11.1998. She filed the Original Petition claiming a compensation of Rs.1,00,000/-. It was alleged that the accident occurred due to the negligence of the driver of the offending vehicle. Owner and driver of the vehicle did not appear and contest the case. The third respondent Insurer alone contested the case. Negligence alleged was disputed. Quantum of compensation claimed was also disputed. The Tribunal found that the accident occurred due to the rash or negligent driving of the vehicle by the second respondent driver. Tribunal also found that the petitioner was entitled to M.A.C.A. NO.1280 OF 2004 -: 2 :- a compensation of Rs.30,000/- and directed the Insurer to pay the same. Complaining the inadequacy of the compensation awarded by the Tribunal, the petitioner herself had filed this appeal. 3. Appellant sustained fracture on the neck of femur and treated as an inpatient for 14 days. Appellant was awarded only Rs.10,000/- towards compensation for loss of amenities, discomforts, disability, etc. After considering all aspects of the matter, I am of the view that the the Tribunal ought to have awarded Rs.15,000/- more on account of the loss of amenities, discomforts, disability, etc. In the result, the appeal is allowed in part. An award is passed in favour of the appellant allowing her to recover an additional compensation of Rs.15,000/- which will carry interest at the rate of 6% from the date of petition till date of realisation. The third respondent Insurer is directed to deposit that amount also. On deposit, the appellant can withdraw the entire amount. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH JANUARY, 2008