IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 MACA.No. 764 of 2003() --------------------------------- OPMV.626/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE APPELLANT/APPLICANT: --------------------------------- V.PRABHEESH, S/O. PADMANABHAN, AGED 11 YEARS (MINOR), REP. BY FATHER PADMANABHAN, VALAKUNNATH HOUSE, KOTHAMANGALAM, P.O. KOYILANDY. BY ADV. SRI.DEVAPRASANTH.P.J. RESPONDENTS: RESPONDENTS: ------------------------------------------- 1. T.ABOO HAJI, S/O. VEERANKUTTY, THEKKEN HOUSE, OOTTY ROAD, PERINTHALMANNA. 2. MANIKANDAN, S/O. DAMODARAN MARAR, AGED 27/94, MELEADATH, MOODADI, VIYOOR AMSOM, VARDOOR DESOM. (DELETED) 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE 5/385, CALICUT ROAD, PERINTHALMANNA. 4. P.T.DEVASSY, S/O. THOMAS, PAYYAPPILLY HOUSE, KEERANKULANGARA, TRICHUR. 5. VENUGOPALAN, S/O. KUTTAN, THADATHIL HOUSE, PEECHY, TRICHUR. 6. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, 2ND FLOOR PERINCHERY BUILDING, TRICHUR. THE NAME OF THE SECOND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 16.1.2008 IN I.A. NO.43 OF 2008. BY ADV. SMT.P.K.SANTHAMMA SRI.A.C.DEVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = M.A.C.A. NO.764 OF 2003 = = = = = = = = = = = = = = = = = = = Dated this the 31st day of January, 2008 J U D G M E N T -------------------- Petitioner in O.P(MV) No.626 of 1995 on the file of the Motor Accidents Claims Tribunal, Kozhikode, is the appellant. Petitioner sustained injuries in a motor vehicle accident. He filed the Original petition claiming compensation. On 25.12.1994 petitioner was travelling in a stage carriage bus bearing Reg.No.KLM-6489. When the vehicle reached at Chettikulam a collision took place between the vehicle in which the petitioner was travelling and another bus bearing Reg. No.KL-8/E-727 came from the opposite direction. Petitioner sustained injuries. He filed the Original Petition impleading the owners, drivers and Insurers of both vehicles. Insurers of both vehicles alone contested the case. Owners and drivers of both vehicles remained ex parte. After taking evidence the Tribunal found that the petitioner sustained injuries in the accident on account of negligence of driver of bus No.KLM- 6489. It also found that the petitioner is entitled to get a M.A.C.A. NO. 764 OF 2003 -: 2 :- compensation of 14,750/- with 9% interest and directed the third respondent, Insurer of bus No.KLM-6489 to pay the compensation. Complaining that the quantum of compensation awarded is inadequate, the petitioner himself had filed this appeal. 2. Evidence on record shows that accident occurred due to the negligence of the driver of bus No.KLM-6489. So the only question arising for consideration is whether the petitioner is entitled to any additional compensation. 3. Exhibits A3 and A4 produced by the petitioner shows that the petitioner sustained fracture on the outer table of skull in addition to other injuries. Petitioner had produced a disability certificate in which it was stated that the petitioner is having 1% disability. The Tribunal, after considering the evidence, awarded Rs.2,250/- for permanent disability, Rs.8,000/- for pain and suffering and Rs.3,000/- for the dis-figuration suffered. But the Tribunal did not award any amount towards discomfort, loss of amenities and inconveniences. Evidence on record shows that the petitioner sustained fracture on the outer table of Skull and M.A.C.A. NO. 764 OF 2003 -: 3 :- other injuries. Considering all aspects of the matter, I am of the view that the Tribunal ought to have awarded Rs.10,000/- towards compensation for loss of amenities, discomfort and inconveniences. So the petitioner is entitled to get an additional compensation of Rs.10,000/- which will carry interest at the rate of 6%. In the result, the appeal is allowed in part. An award is passed in favour of the appellant allowing him to recover a further sum of Rs.10,000/- as additional compensation which will carry interest at the rate of 6% per annum from the date of petition till date of realisation. The third respondent 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