IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH JULY, 2008 / 18TH ASHADHA, 1930 MACA.No. 761 of 2003 (OPMV.635/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANT/PETITIONER: ------------------------------- GULSARILAL NANDA, S/O.SUKUMARAN, RESIDING AT VAZHOOR HOUSE, P.O.VALAPPAD BEACH, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SMT.G.GEETHISHA RESPONDENTS/RESPONDENTS: -------------------------------------- 1. LEELAMANI AMMA, W/O.GANGADHARAN PILLAI, TRUSTEE SREENIKETAN TRUST, PARAMESWARA NAGAR, KOLLAM. 2. G.RAVINDRAN PILLAI, S/O.GOPALAPILLAI, RESIDING AT KAYIKKAL KIZHAKKETHIL HOUSE, 2ND MAILS, KILIYALLUR, KOLLAM. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, CHINNAKKADA, KOLLAM. BY ADV. SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No. 761 of 2003 B --------------------------------------------- Dated this the 9th day of July, 2008 J U D G M E N T Ramachandran Nair,J: The appeal is filed against the M.A.C.T. award challenging the adequacy of compensation under various heads. The M.A.C.T. found that the accident was caused on account of the contribution made by the appellant as well. 30% reduction is granted in the award amount. However, having regard to the nature of the injuries sustained i.e., partial damage of the vertebra, we feel, the compensation of Rs.8000/- awarded for pain and suffering is too low. We fix the compensation to Rs.20,000/-, entitling the petitioner an additional amount of Rs.8400/-, being 70% of Rs.12,000/-. Similarly, the damage is to the vertebra and with regard to the age of the petitioner who was only 30 years at the time of accident, the compensation towards loss of amenities, discomforts suffered and inconvenience caused is increased from Rs.4,100/- to Rs.18,000/-. Appellant will be entitled to 70% MACA NO. 761 of 2003 :-2-: of the amount also. Additional compensation awarded by us will carry interest at the rate of 7.5% from the date of petition till the date of realisation. The appeal is disposed of as above. C.N.RAMACHANDRAN NAIR, Judge V.K.MOHANAN, Judge MBS/ MACA NO. 761 of 2003 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- I.T.A.NO. 81 OF 2000 ------------------------------------ J U D G M E N T DATED:17-6-2008 MACA NO. 761 of 2003 :-4-: