IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 MFA.No. 948 of 2002 ----------------------------- O.P.(MV).NO.452/1994 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/ PETITIONER: -------------------------------------- VASANTHA, W/O. VISWANATHAN, AGED 35 YEARS, PUTHENVEEDU, POST KOROME, MANATHAVADY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. MUSTAFFA, AGE NOT KNOWN, S/O. ABOOBACKER, KODAKKAD POST, THARUVANA, (DRIVER OF KBUS NO. KLW 2491. D.L. NO.1501/90 W) 2. K.MOHAMMED, AGE NOT KNOWN, S/O. BAPPU HAJI, AYSHA MANZIL, THARUVANA, (OWNER OF THE BUS KLW 2491) 3. UNITED INDIA INSURANCE CO. LTD., KALPETTA, (LOCAL BRANCH OF THE UNITED INDIA INSURANCE CO. LTD., COIMBATORE, POLICY NUMBER NOT KNOWN) BY ADV. SRI.P.MURALEEDHARAN - R.3. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.F.A. NO. 948 OF 2002 = = = = = = = = = = = = = = = Dated this the 26th day of May, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)452/04 whereby the Tribunal awarded a total compensation of Rs.1,500/-. The claimant in the case is a poor labourer and she had sustained a lacerated wound on the side of the scalp and she had tenderness on the left lower limb. She was treated in the hospital for a period of seven days. The Tribunal awarded a sum of Rs.200/- for loss of earnings which is too low and therefore I increase it by Rs.500/-. Certainly she must have visited hospital for more than one occasion and therefore I increase transport expenses to hospital by Rs.50/-. Towards damages to clothing I give a further sum of Rs.100/-. The medical expenses granted is only Rs.100/-. For a person who was in the hospital for a period of seven days certainly there would have been somebody to look after her. Considering that aspect I MFA 948 OF 2002 -:2:- enhance it by Rs.500/-. The poor lady must have suffered pain on account of the lacerated wound and tenderness in the limb. I increase the compensation for pain and sufferings by Rs.500/-. Therefore the claimant will be entitled to an additional compensation of Rs.1,650/-. In the result the MFA is partly allowed and the claimant is awarded an additional compensation of Rs.1,650/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within a period of 60 days from today. M.N. KRISHNAN, JUDGE. ul/- MFA 948 OF 2002 -:3:- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 948 OF 2002 = = = = = = = = = = = J U D G M E N T 26th May, 2008