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. 1445 of 2004() ---------------------------------- OPMV.1598/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- JANAKI, AGED 44 YEARS, W/O. CHATHAN, CHOLAKKAL HOUSE, MANDALAPPADI, MANKADA, PALLIPPURAM P.O., MALAPPURAM. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. T.P. ABOOBACKER, S/O. ALAVI HAJI, THANDUPARAKKAL HOUSE, PALAMADU, THANNIKKADVU, MALAPPURAM (DRIVER). 2. M. HYDERALI, S/O. SAINUDHEEN HAJI, MOOTHEDATH HOUSE, P.O. EDAKKARA, MALAPPURAM (OWNER). 3. UNITED INDIA ASSURANCE CO.LTD., MANJERI. 4. THURUTHUMMAL ABDUL LATHEEF, S/O. UMMER, PADIKKAL, VELIMUKKU. (DRIVER). 5. CHOLAKKAL KOYA, S/O. AHAMMEDKUTTY, O.K. HOUSE, PADIKKAL, VELIMUKKU (OWNER). BY ADV. SRI.M.A.GEORGE - R3 SMT.DEEPA GEORGE - R3 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. 1145 OF 2004 = = = = = = = = = = = = = = = Dated this the 4th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)1598/01. The Tribunal has awarded a compensation of Rs.700/- and dissatisfied by the same the claimant has come in appeal. The complaint is of a traumatic myalgia on the neck. She was treated as an inpatient in the hospital from 13.7.97 to 16.7.97 and she had also expended about Rs.600/- for purchase of medicines. She was aged 47 years. It is shown that she had suffered pain and sufferings and also some discomfort. The Tribunal has only awarded a very nominal amount which requires to be enhanced. Therefore, I enhance it by Rs.2,300/- fixing the total compensation at Rs.3,000/- out of which Rs.700/- is already awarded. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.2,300/- with 6% interest on the said sum from the date of M.A.C.A. 1445 OF 2004 -:2:- petition till realisation and the 3rd respondent, insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-