IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 MFA.No. 1343 of 2002(B) ------------------------------------- OPMV.1561/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT- PETITIONER: ------------------------------------ SUDARSANAN, KURIKKAVELI VEEDU, VARANADU POST, CHERTHALA. BY ADV. SRI.A.KRISHNAN RESPONDENTS - RESPONDENTS: --------------------------------------------- 1. SHIBU, MARRATHIL HOUSE, VARANADU POST, CHERTHALA. 2. THE NEW INDIA ASSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER, EDATHIL BUILDINGS, THOPPUPPADY, COCHIN. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = M.F.A. NO.1343 OF 2002 = = = = = = = = = = = = = = = = = = = Dated this the 7th day of March, 2008 J U D G M E N T -------------------- Appellant is the claimant in O.P(MV) No.1561 of 1999 on the file of the Motor Accidents Claims Tribunal, Alappuzha. Appellant sustained injuries in a motor vehicle accident. He filed the Original Petition claiming compensation impleading the respondents. Respondents did not appear and contest. Tribunal, after considering the injuries sustained by the petitioner, awarded a compensation of Rs.33,496/-. Dissatisfied with the quantum of compensation awarded, the petitioner himself had filed this appeal. In the appeal also respondents remained ex parte. The only question arising for consideration is whether the appellant is entitled to get any additional compensation. 2. Tribunal awarded Rs.4,000/- as compensation for pain and suffering. The Tribunal ought to have awarded Rs.10,000/- under that count. Tribunal awarded Rs.5,000/- for permanent disability and Rs.7,500/- for loss of earning M.F.A. NO.1343 OF 2002 -: 2 :- power and loss of amenities. I am of the view that at least a sum of Rs.2,500/- more ought to have been awarded by the Tribunal under those counts. So the appellant is entitled to get an additional compensation of Rs.8,500/- which will carry interest at the rate of 7.5% per annum. In the result, the appeal is allowed in part. An award is passed in favour of the appellant authorising him to recover an additional compensation of Rs.8,500/- with 7.5% interest from the date of petition till date of realisation. The second 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. NO.1343 OF 2002 ===================== J U D G M E N T ------------------------------------------- 7TH MARCH, 2008