IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 MACA.No. 513 of 2004() ---------------------- OPMV.1190/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ------------------------------------- ALEX, S/O.K.I.RAPPAI, KAVALAKKAT HOUSE, THAIKKATTUSSERY DESOM, EDAKKUNNY VAILLAGE, THRISSUR TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS ------------------------ 1. THE MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. (*) 2. LENIN, S/O.PUTHANPURA VEETIL, DHAIMABANDHU, NADAVARAMBU DESOM, VELURKKARA VILLAGE. (DELETED) (*)THE 2ND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DATED 13.2.2008 ON IA 336/2008. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.A.C.A.No.513 of 2004 ------------------------------------------------- Dated, this the 13th day of March, 2008 JUDGMENT The claimant in O.P.(MV) No.1190/1995 on the file of Motor Accidents Claims Tribunal, Irinjalakuda is the appellant. Appellant met with a motor vehicle accident on 11.7.1994. The case of the appellant was that while he was walking along the side of the road a stage carriage bus driven by the second respondent came in a rash or negligent manner and hit against him. Appellant sustained the following injuries: (1) Lacerated contused wound left parietal area. (2) Fracture mandible. (3) Head injury and lacerated wound parietal area existatics . Tribunal awarded a compensation of Rs.24,000/-. Complaining that the quantum of compensation awarded is highly inadequate the petitioner himself has filed this appeal. 2. Though the appellant had produced a disability certificate to show that he was having 15% disability the same was rejected by the Tribunal on the ground that the doctor who issued the same was not examined. It is seen that appellant had produced Exts.A10 medical bills for Rs.9,765/-. So, out of the total compensation awarded almost Rs.10,000/- was the amount spent for treatment. Tribunal awarded only Rs.5,500/- for loss of amenities, discomforts suffered and MACA No.513/2004 2 inconvenience caused, etc. I am of the view that at least an amount of Rs.10,000/- more ought to have been awarded on that count. So the appellant is entitled to get Rs.10,000/- with 7.5% interest per annum from the date of petition till the date of realisation as additional compensation. In the result, appeal is allowed in part. An award is passed in favour of the appellant authorising him to recover an amount of Rs.10,000/- with 7.5% interest per annum from the date of petition till the date of realisation. First respondent is directed to deposit that amount also. On deposit the appellant can withdraw the entire amount. K. PADMANABHAN NAIR, JUDGE. cks