IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 19TH SEPTEMBER 2007 / 28TH BHADRA 1929 MFA.No. 1412 of 2001 ------------------------ OPMV.3643/1992 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT: PETITIONER ---------------------------- ASHRAF, AGED 28 YEARS, S/o ABDULLA AKOTEHAIL HOUSE, ALLI P.O. MUKKAM KOZHIKODE BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH SRI.V.M.ABHILASH RESPONDENTS: RESPONDENTS ----------------------------------- 1. K. MOHANRAJ S/o APPUKUTTAN, KANNAPPATHU HOUSE, MANJERI, MALAPPURAM 2. BEERANKUTTY S/o MUHAMMAD, KILIKKAL HOUSE AREAKODE P.O., MALAPPURAM 3. NEW INDIA INSURANCE CO LTD, MUNICIPAL BUS STAND CANNANORE 4. ABDUL RAHIMAN S/o ALI AYANIKUNNATH HOUSE, THEKKUNKUTTY, MUKKOM, KOZHIKODE 5. HANEEFA S/o KUNJIDU, MANGALATHU HOUSE THEKKUMKUTTY MUKKOM, KOZHIKODE 6. THE UNITED INDIA INSURANCE CO. LTD BRANCH II, MAVOOR ROAD, KOZHIKODE R4 & R5 BY ADV. SRI.P.P.JACOB R3 BY ADV. SRI.VPK.PANICKER R6 BY ADVOCATE SRI.J.MATHAPPAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA 1412/2001 1 K.S. RADHAKRISHNAN & A.K. BASHEER, JJ. ---------------------------------------------------------------- M.F.A. NO 1412 OF 2001 ---------------------------------------------------------------- Dated: 19th September 2007 JUDGMENT Radhakrishnan, J. Claimant is the appellant. Accident was admitted. So also the negligence on the part of the driver of the bus. The only question to be considered is whether the compensation awarded is just and proper. Claimant, aged 18 years, was a student at the time of accident. Paragraph 10 of the award deals with amounts granted by the Tribunal under different heads. An amount of Rs 7,000/- was awarded for pain and suffering. Considering the fact that he was hospitalised for number of days and undergone medical treatment the amount awarded by the Tribunal is on the lower side. We award a sum of Rs 8,000/- towards additional compensation under that head. For permanent disability Tribunal awarded a sum of Rs 7,000/-. Considering the fact that the claimant has got continuous disability, we are of the view that Rs 7,000/- awarded is on the lower side. We therefore award additional compensation of Rs 8,000/- on that count. In all we award additional compensation of Rs 16,000/- with interest at 7.5% MFA 1412/2001 2 from the date of petition till payment. The award passed by the Tribunal is modified accordingly and the appeal is disposed of as above. Sd/- K.S. RADHAKRISHNAN Judge Sd/- A.K. BASHEER Judge 19/09/2007 en [true copy]