IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 MACA.No. 158 of 2005() ---------------------- OPMV.542/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT/PETITIONER ------------- ROSY ANTONY, AGED 50 YEARS, MAMPILLY HOUSE, HOSPITAL ROAD, NJARAKKAL, KOCHI TALUK. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.SONIYA.M RESPONDENTS: RESPONDENTS IN THE OP. ------------------ 1. JAYAN, S/O. KUNJIKRISHNAN, MADAVANA HOUSE, CHERAI, PALLIPORT VILLAGE, KOCHI TALUK. 2. NARAYANAN, S/O. KRISHNANKUTTY, NJAVELI VEEDU, NAYARAMBALAM KARA, NAYARAMBALAM P.O., KOCHI TALUK. 3. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, KOCHI. BY ADV. SMT.SARAH SALVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.A.C.A.No.158 of 2005 ------------------------------- Dated this the 15th February, 2008. J U D G M E N T Heard. Admitted. Smt.Sara Salvy takes notice for the third respondent. The appeal itself is heard and disposed of. 2. The claimant in O.P.(M.V.) No.542/2000, on the file of the Motor Accidents Claims Tribunal, North Paravur, is the appellant. The appeal is filed challenging the quantum of compensation awarded to the appellant. Appellant sustained injuries in a motor vehicle accident on 4.10.1995. She filed the Original Petition claiming a compensation of Rupees One Lakh. Though she produced Ext.A4 prescription which contains some serious injuries, the same was not accepted by the Tribunal, stating that that document came into existence one year after the date of accident. So, she was awarded only an amount of Rs.6750/= as compensation. 3. Considering all aspects of the matter, I am of the view that the Tribunal ought to have awarded at least an amount of Rs.10,000/= as compensation. So, the appellant is entitled to Rs.3250/= as additional compensation, which will carry interest at the rate of 7.5% per annum. MACA No.158/2005 2 In the result, the appeal is allowed in part. An award is passed allowing the appellant to recover an amount of Rs.3250/= as additional compensation from the third respondent, Insurance Company, with 7.5% interest from the date of petition, till the date of realisation. The third respondent is directed to deposit the above amount in favour of the appellant. On deposit, the appellant can withdraw the amount. K.PADMANABHAN NAIR, JUDGE nj.