IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 MFA.No. 123 of 2003() ------------------------------- OPMV.507/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD, KALPETTA .................... APPELLANT/ PETITIONER: ------------------------------------- ANTONY GEORGE, KURISINGAL HOUSE, CHELLOTTE ESTATE, CHUNDALE POST, VYTHIRI TALUK, WAYNAD DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS/ RESPONDENTS: ---------------------------------------------- 1. HARIDASAN, S/O. KARUPPAN, MULLENPARA HOUSE, CHERATTI, VYTHIRI TALUK, WAYANAD DISTRICT, KERALA. (DRIVER OF KL-11/B 4016 JEEP, D.L.NO. NOT KNOWN). 2. K.T.KUNHABDULLA, S/O.LATE EBRAHIM HAJI, THERATH HOUSE, PONMERIPARAMBIL P.O., VILLIAPPILLY, VADAKARA (INSURED OF KL-11/B 4016 JEEP). 3. NEW INDIA ASSURANCE COMPANY LTD., M.G.T.BUILDINGS, KALPATTA (INSURER OF KL-11/B 4016 JEEP, POLICY NO. NOT KNOWN). BY ADV. SRI.M.M.HUSAIN - R3 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.F.A.No.123 of 2003 ===================== Dated this the 13th day of June, 2008. JUDGMENT Koshy,J. The appellant sustained injuries in a motor accident on 10.1.1995. Against a claim of Rs.25,000/-, the Tribunal has awarded only an amount of Rs.1,000/-. The only dispute is regarding the quantum of compensation. The injuries suffered are as follows: "Abrasion right index finger 1 x 0.5 cm and abrasion right thigh 1 x 0.5 cm." 2. Ext.A7 is the wound certificate which would show that he was an inpatient for a period of three days. But there was no permanent disability. A total amount of Rs.1,000/- was granted for by-standers expenses, pain and suffering, medical expenses, etc. together. Considering the fact that he was an inpatient for three days followed by few days of rest, for the actual loss of earning, pain and suffering and medical and incidental expenses, MFA 123/03 -: 2 :- we are of the opinion that Rs.2,500/- more also ought have been awarded by the Tribunal. We allow the same. The above amount of Rs.2,500/- should be deposited by the third respondent - Insurance Company with 7.5% interest from the date of application till its deposit over and above the amount awarded by the Tribunal. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 18/6