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. 348 of 2004() ---------------------- OPMV.84/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER ------------- SHIBU RAVEENDRAN, KULANGARA PARAMBIL HOUSE, ANITHOTTAM, KNJIRAPPALLY, KOTTAYAM. BY ADV. SMT.MINI ELIZABETH GEORGE SMT.BETTY K.ALUKKA RESPONDENTS: ------------- 1. DR.K.RAJU, PRANABU HOSPITAL, VANDIPERIYAR. 2. C.MONEY, CHANDRABHAVAN ESTATE, VANDIPERIYAR. 3. THE ORIENTAL INSURANCE COMPANY LTD., KOTTAYAM DIVISION, REPRESENTED BY ITS DIVISIONAL MANAGER. R1 & R2 BY ADV. SRI.P.V.GEORGE(ONAKKOOR) SRI.MOHAN PULIKKAL SRI.JOE JOSEPH KOCHIKUNNEL R3 By ADV. JACOB MURICKAN. 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.348 of 2004 ------------------------------- Dated this the 15th February, 2008. J U D G M E N T Heard. Admitted. Adv.Sri.P.V.George appears for respondents 1 and 2. Advocate Sri.Jacob Muricken appears for 3rd respondent. The appeal itself is heard and disposed of. 2. Petitioner in O.P.(M.V.) No.84/1998, on the file of the Motor Accidents Claims Tribunal, Kottayam, has filed this appeal challenging the quantum of compensation awarded to him. Appellant sustained injuries in a motor vehicle accident on 30.1.1996. There was a fracture of right incisor and loss of one tooth. Appellant claimed an amount of Rs.25,000/= as compensation. The Tribunal found that the accident occurred due to the negligence of the driver of the offending vehicle and awarded a compensation of Rs.7000/=. Dissatisfied with the quantum of compensation, petitioner himself has filed this appeal. M.A.C.A.No.348/2004 2 3. The Tribunal awarded a consolidated amount of Rs.7000/= as compensation. Considering all aspects of the matter, I am of the view that at least an additional amount of Rs.3500/= ought to have been awarded in this case. In the result, the appeal is allowed in part. An award is passed allowing the appellant to recover an amount of Rs.3500/= 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.