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. 208 of 2003(D) -------------------------------- OPMV.506/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD, KALPETTA .................... APPELLANT: PETITIONER: ------------------------------------- SAIDU, S/O. MOIDEEN, KAVUMGUMTHODY HOUSE, PAKKALIPALLAM, CHUNDALE POST, VYTHIRI TALUK, WAYNAD DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: RESPONDENTS: ----------------------------------------------- 1. HARIDASAN, S/O. KARUPPAN, MULLENPARA HOUSE, CHEVATTI, 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 BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.F.A.No.208 of 2003 ===================== Dated this the 13th day of June, 2008. JUDGMENT Koshy,J. The appellant sustained injuries on 10.1.1995 in a motor accident. Ext.A6 wound certificate shows the the following injuries: "Injury back 2 x 1 cm and contusion over right elbow 2 x2 cm." He was an inpatient for seven days in the hospital. Against a claim of Rs.30,000/-, the Tribunal awarded a total amount of Rs.1,950/-. It is submitted that he was unable to do any work for several days. For loss of earning, the Tribunal has granted only Rs.500/- against a claim of Rs.3,600/- during the period of treatment. For medical expenses the petitioner has claimed Rs.2,000/-. Even though he was treated as an inpatient for 7 days, only Rs.100/- was awarded by the Tribunal. For pain and suffering against a claim of Rs.20,000/-, the Tribunal has awarded only Rs.1,000/-. Even though there is no permanent MFA 208/03 -: 2 :- disability, we are of the opinion that the award of the Tribunal regarding pain and suffering and loss of actual earning and medical expenses are meager. Having regard to the totality of the circumstances, we award Rs.5,000/- more than what is awarded by the Tribunal. The above amount of Rs.5,000/- 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 decreed 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 14/6