IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 MACA.No. 149 of 2003() ---------------------- O.P.(M.V.) NO.270/1998 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THODUPUZHA. APPELLANT/PETITIONER ------------- SARAMMA VARGHESE, KALARICKAL HOUSE, MANJAPPARA, KONNATHADY P.O., IDUKKI. BY ADV. SRI.JOHN VARGHESE ADV. T.SAJI. RESPONDENTS: RESPONDENTS ----------------- 1. SUNNY AUGUSTINE, VAZHAPPARAMBIL HOUSE, THULIYAKULAM, MANKYARAMKUDY P.O., IDUKKI DISTRICT. * 2. P.C.NACHIMUTHU, G.R.NO.6/G, PACHAGOUNDENPALAYAM, PERIYAVEERA SANGRI P.O., PERUNDURAI, TAMILNADU. (DELETED) (DELETED AT THE RISK OF THE APPELLANT AS PER ORDER DATED 29.1.2008, IN I.A.No.192/2008) 3. THE ORIENTAL INSURANCE COMPANY LTD., 59 RAJA STREET, GOPICHETTIPALAYAM 688476, TAMILNADU. 4. K.M.PAULOSE, KUTTIYANICKAL HOUSE, MURIKKASSERY, PANAMKUTTY, IDUKKI. 5. M.S.MANOJ, MAKKUNNEL, ELEMDESAM P.O., THODUPUZHA. 6. UNITED INDIA INSURANCE COMPANY LTD., MUVATTUPUZHA. R6 BY ADV. SRI.P.SANKARANKUTTY NAIR R3 BY ADV.SRI.ANCHAL C VIJAYAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.A.C.A.No.149 of 2003 ------------------------------- Dated this the January, 2008. J U D G M E N T Notice to the 5th respondent is dispensed with, and the appeal itself is heard and disposed of 2. Appellant sustained injuries in a motor vehicle accident. She filed the original petition claiming compensation. At about 1 p.m. on 23.12.1997, the appellant was travelling in a stage carriage bus bearing Registration No.KL 6-7269. When the bus reached at Thoprakudy, a collision took place between that bus and tractor bearing Registration No.TDQ 9464, at about 1 p.m. on 23.12.1997, and the appellant sustained injuires. She filed the original petition for compensation contending that the accident occurred due to the negligence of drivers of both the vehicles. The Tribunal accepted that contention and found that the appellant is entitled to an amount of Rs.14,000/= as compensation. Complaining that the quantum of compensation awarded is inadequate, petitioner herself has filed this appeal. MACA.No.149/2003 2 2. Appellant sustained lacerated injury on the ulnar aspect of the right hand and on the right index finger crushing the distal phalanx and phalangial fracture. She produced the disability certificate showing that she had the disability of 7%. The Tribunal did not accept the certificate as such, and found that she is having 2% disability. After considering the matter, I am of the view that the Tribunal ought to have awarded an amount of Rs.5000/= more on the count of disability. So, the appellant is entitled to get an additional amount of Rs.5000/= as compensation. I do not find any reason to modify the amount awarded on other counts. In the result, the appeal is allowed in part. An award is passed allowing the appellant to recover an amount of Rs.5000/= as additional compensation with 6% interest from the date of petition, till the date of realisation. Respondents 3 to 6 are directed to pay or deposit the above amount also in favour of the appellant. On deposit, the appellant can withdraw the amount. K.PADMANABHAN NAIR, JUDGE nj. K.PADMANABHAN NAIR, J. ------------------------------- M.A.C.A.No. 149 of 2003 J U D G M E N T Dated: 29th January, 2008. -------------------------------