IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 MFA.No. 969 of 2000() --------------------------------- OPMV.2527/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT - PETITIONER: ------------------------------------ N.K. RAJAN, AGED 37 YEEARS, S/O. KESAVA PANICKER, POYIKAYIL HOUSE, KAVUMPAD POST, NOORANAD, ALAPPUZHA DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS - RESPONDENTS: --------------------------------------------- 1. P.K. BEERANKUTTY, S/O. P.K. RAYINKUTTY, POST NARUKARA, THURAKKAL, MANJERI. 2. N.K. MOHAMMED, S/O. KUTTY HASSAN, MANNIL KADAVATH HOUSE, POST AYIKKARAPADI. 3. UNITED INDIA INSURANCE CO. LTD., MANJERI. BY ADV. SRI.P.SANKARANKUTTY NAIR R3 SRI.JOSEPH SEBASTIAN PURAYIDAM R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.969 of 2000 ------------------------------------------------- Dated, this the 2nd day of January, 2008 JUDGMENT The petitioner in O.P.(MV) No.2527/1994 on the file of the Motor Accidents Claims Tribunal, Manjeri is the appellant. Appellant sustained injuries in a motor vehicle accident occurred on 30.5.1994. He filed Original Petition claiming compensation from the owner, driver and insurer of the vehicle. Owner and driver did not contest. Insurer alone contested. Negligence alleged against the driver was denied. Quantum of compensation claimed was disputed. Tribunal after trial found that the accident occurred due to the negligence of the driver of the vehicle. It also found that the appellant is entitled to get compensation. Tribunal awarded an amount of Rs.12,750/- as compensation. Challenging the quantum of compensation, the petitioner himself has filed this appeal. 2. The only question arising for consideration is that whether the appellant is entitled to get any additional compensation. Evidence adduced in this case shows that the appellant sustained colles fracture left. But the Tribunal has not awarded any amount on account of disability, inconvenience, loss of amenities, etc. The appellant was a head load worker. So I am of the view that at least an amount of Rs.7,000/- ought to have been awarded on those counts. In the result, appeal is allowed in part. An award is passed in favour of the appellant allowing him to recover an amount of Rs.7,000/- more with 6% interest MFA No.969/2000 -: 2 :- per annum from the date of petition till the date of realisation. Third respondent insurer is directed to deposit that amount also. On deposit the appellant can withdraw the entire amount. K. PADMANABHAN NAIR, JUDGE. cks MFA No.969/2000 -: 3 :- K.PADMANABHAN NAIR, J. M.F.A.No.969 of 2000 JUDGMENT 2nd January, 2008.