IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 1193 of 2007(G) ------------------------------------ OPMV.1968/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT : ------------------------------------- SUKUMARAN NAIR, S/O. KESAVA PILLAI, BHAGAVATHI MANDIRAM, NEAR PUNNAKULAM JUNCTION, KOTTUKAL VILLAGE, NEYYATTINKARA. BY ADV. SRI.B.S.SWATHY KUMAR SRI.K.HARILAL SRI.BINDU SREEKUMAR SRI.K.G.RENGANATH RESPONDENTS/RESPONDENTS : ---------------------------------------------- 1. K.S.R.T.C., REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, CHIEF OFFICE, FORT, THIRUVANANTHAPURAM. 2. THE NATIONAL INSURANCE COMPANY, REPRESENTED BY ITS DIVISIONAL MANAGER, THIRUVANANTHAPURAM. BY ADV. SRI.E.M.JOSEPH - R2 SRI.JOHNSON P.JOHN, SC, KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1193 OF 2007 --------------------- Dated this the 4th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thiruvananthapuram, in OP(MV) 1968/02. A 46 year old advocate clerk sustained injuries in a road accident and he has been awarded a compensation of Rs.4,000/- by the Tribunal. Aggrieved by that decision, the claimant has come up in appeal. 2. Immediately after the accident, he had complained about headache on the parietal region and a pain on the neck. The Tribunal has elaborately considered the documents which would indicate that though there was no serious injuries or infirmity that has resulted on account of the accident, the claimant has been a continuous visitor of the Government Hospital and Primary Health Centres. Ultimately in 2005, when he visited the Primary Health Centre at Kottukal, it was found that he had undergone treatment for headache and vertigo. Though he was advised to take a scan, he refrained from taking it. So there is no clear picture before the MACA No.1193/07 2 Tribunal to show what exactly had happened to this man on account of the injury sustained in the accident. But there had been complaints galore and was knocking at the doors of different hospitals for treatment. But nothing is produced to show that he had any serious problem as well. Therefore taking into consideration the agony he had undergone, I feel this is a fit case where some more compensation can be granted. Therefore, I enhance the compensation by Rs.4,000/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,000/- with 7% interest on the said sum from the date of petition till realisation. The first respondent, namely, the KSRTC is directed to deposit the amount within 60 days from today. M.N.KRISHNAN, JUDGE vps MACA No.1193/07 3