IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 MFA.No. 968 of 2002() --------------------- OPMV.232/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: PETITIONER: ---------------------------------------- V.K.KUNJIKANNAN, AGED 35 YEARS, S/O.KUNJIRAMAN, VALIYAKANDATHIL HOUSE, PATTANIKOOPPU, PERIKKALLOOR POST, PULPALLY (VIA), BATTERY TALUK, WAYANADU DISTRICT. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.MATHEWS V.JACOB (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR) RESPONDENTS: RESPONDENTS: ------------------------------------------------- 1. K.J.STEPHEN S/O.JOSEPH, KARIALAKKAL HOUSE, PATTANIKOOPPU, PULPALLY, S.BATTERY TALUK, WAYANADU DISTRICT. 2. M/S.UNITED INDIA INSURANCE COMPANY LIMITED, SULTHAN BATTERY, POST BATTERY, WAYANADU DISTRICT. BY ADV. SRI.P.JAYASANKAR - R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MFA No.968 OF 2002 ===================== Dated this the 10th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)No.232 of 1995. The claimant sustained tenderness over the medial side of thigh and shoulder. Abrasion of 10 cm x 2 cm over the left leg upper and medial side. Abrasion over the chin ½ cm x 1/2cm right side. The Tribunal awarded him a consolidated sum of Rs.2,550/-. It is against that decision, the claimant has come up in appeal. 2. On a perusal of the award, it is seen that the Tribunal has fixed a very nominal income of Rs.700/- and has compensated him only for 15 days actual loss of earning. The notional income of Rs.1,250/- can be taken and when loss of earning is granted for one month, he will be entitled to Rs.900/- as additional compensation under that head. Similarly, the Tribunal has granted only a nominal amount under the heads transport expenses, extra nourishment, etc. He was in the hospital for 3 days. I award him Rs.500/- more towards the same and also for additional medical MFA 968/2002 -:2:- expenses. It is seen that he had sustained tenderness over the medial side of thigh and shoulder and abrasion over the left leg upper and medial side and also injury in the chin, I enhance the compensation by Rs.1,000/- more under the head pain and suffering, which makes the additional compensation of Rs.2,400/-. In the result, MFA is partly allowed and the claimant is entitled to an additional compensation of Rs.2,400/- with 7% interest on the said sum from the date of petition till realisation. The insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-