IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 MACA.No. 679 of 2011() ---------------------- OPMV.248/2006 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT/CLAIMANT ---------------------- MOHAMMED, AGED 32 YEARS, S/O. ABDUL RAHIMAN, KOPALAMOOLE HOUSE, KUMBDAJE PO, PERDALA, KASARGODE TALUK AND DIST. BY ADV. SRI.JAWAHAR JOSE SMT.CISSY MATHEWS RESPONDENTS: RESPONDENTS 1-5 ------------------------------ 1. DAMODARA B, AGED 32 YEARS, S/O. ACHUTHA, BARIKKAD, KALLAKATTA PO, MADUR VILLA GE, KASARGODE TALUK AND DISTRICT(DIED). 2. UDAYAKUMAR, S/O. CHERRIYAPPU, PALATHADUKKA HOUSE, MADHUR.P.O., MADHUR VILLAGE, KASARGODE TALUK AND DISTRICT. PIN-671124. 3. THE BRANCH MANAGER, ORIENTOAL INSURANCE COMPANY LTD., CITY POINT BUILDINGS, PRESS CLUB JUNCTION, M.G.ROAD, KASARGODE-671121. 4. ACHUTHA AMBADI, S/O. KORAGA, BARIKKAD, KALLAKATTA.P.O., MADHUR VILLAGE, KASARGODE TALUK AND DISTRICT. PIN-671123. 5. SAROJINI AMBADI, W/O. ACHUTHA AMBADI, BARIKKAD, KALLAKATTA.P.O., MADHUR VILLAGE, KASARGODE TALUK AND DISTRICT-671123. R3 BY ADV. MR. MATHEWS JACOB, SENIOR ADVOCATE R3 BY MR. P.JACOB MATHEW 3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. -------------------------------------------- M.A.C.A. No.679 of 2011 -------------------------------------------- Dated this the 27th day of June, 2011 JUDGMENT A.K.Basheer, J. The short question that arises for consideration in this appeal is whether the Tribunal was justified in restricting the award of compensation to the amount claimed in the claim petition. 2. It is on record that the appellant instituted the claim petition seeking compensation to the tune of `.1,50,000/-. The Tribunal after considering the materials available on record, and also keeping in view the nature of the injuries sustained by the appellant found that he would be entitled to get a sum of `.1,81,400/- as compensation. However, while passing the award the Tribunal restricted the amount of compensation to `.1,50,000/- only. The grievance of the appellant is that the Tribunal ought not to have taken such a view particularly in the light of the decisions reported in Thressia Vs. James (ILR 2003 (3) Ker 449) and Nagappa Vs. Gurudial Singh ((2003) 2 SCC 274). 3. Having perused the impugned award and having heard M.A.C.A. No.679 of 2011 2 learned counsel for the parties, we are satisfied that there is considerable force in the above contention. Therefore the impugned award is modified and the amount of compensation is enhanced. The appellant shall be entitled to get `.1,81,400/- towards compensation. Appellant shall pay additional court fee as per the rules. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. rkc