IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 MACA.No. 1061 of 2005(C) ----------------------- OPMV.1249/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- VIJAYAKUMAR.N.I., S/O.NARAYANA AYYER, SREEVILASAM, VELOOR, KOTTAYAM. BY ADV. SRI.R.S.KALKURA ADV. P.K. CHITHRAMBHANU ADV. M.S. KALESH RESPONDENT(S): --------------- 1. C.T.GEORGE, KOTTARATHIL HOUSE, KARAYIDATHU, KADAMALI KUNDU P.O., THENI, TAMILNADU. 2. PETER, KOTARATHIL PARAMBIL HOUSE, KURAVILANGADU KARA, KURAVILANGADU VILLAGE. 3. THE ORIENTAL INSURANCE COMPANY LTD., BAKER JUNCTION, KOTTAYAM, REP. BY ITS DIVISIONAL MANAGER. BY ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29 /06 /2009, THE COURT ON 29/06/2009 DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A . NO: 1061 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th Day of June, 2009. JUDGMENT K. M. Joseph J. The appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act. The appellant was awarded an amount of Rs.34,565/- for the injuries sustained by him. He was awarded an amount of Rs.10,000/- towards compensation of pain and suffering. Towards loss of amenities and compensation for permanent disability Rs.20,000/- is awarded. Further a sum of Rs.2,665/- was paid towards medical bills. Further, a sum of Rs.1,500/- was awarded towards bystander expenses and an amount of Rs.400/- towards transport expenses. Thus a total of Rs.,34,565/- was granted. 2. Heard the learned counsel for the appellant and learned counsel for the Insurance Company. 3. It was contended by the appellant as follows: The appellant had sustained head injuries. The appellant was admitted in the ICU for 3 days and a total of 12 days in the hospital. Disability is certified. The appellant lost one year, in the course of his study. The award for pain and suffering is inadequate. M.A.C.A . NO: 1061 OF 2005 : 2 : Learned counsel for the Insurance company would support the award. He pointed out that the appellant had no disability and in fact the appellant passed the BCA course in first class. 4. After having heard both sides, we feel that, with regard to the injuries sustained, we can award Rs.5,000/- more under the head pain and suffering. We also feel that the amount towards loss of amenities and disability given at Rs.20,000/- is low. We award a sum of Rs.10,000/- more as a lump sum payment. Further, we notice that the appellant was a student for the Bachelor in Computer Application and he lost one year in the course of his study. We feel that we can award an amount of Rs.5,000/- under this head. Accordingly this Appeal is allowed in part and the appellant is allowed to realise a sum of Rs.20,000/- with interest of 7.5% from the date of petition till the date of realisation, from the third respondent. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/