IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 MFA.No. 160 of 2003(B) ---------------------- OPMV.830/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT: PETITIONER: ---------------------- PADMANABHA PILLAI, AGED 79 YEARS, S/O. AYYAPPAN PILLAI, KAVUKATTU, THODUPUZHA P.O., THODUPUZHA KARA, THODUPUZHA TALUK, IDUKKI DIST.(DIED) ADDL. APPELLANTS IMPLEADED. ADDL. 2.R.SAROJINI AMMA, AGED 71 YEARS, WIDOW OF PADMANABHAPILLAI, KAVUKATTU, THODUPUZHA P.O., THODUPUZHA KARA, THODUPUZHA TALUK, IDUKKI DISTRICT. 3. K.P.JAYASREE, AGED 51 YEARS, D/O. PADMANABHA PILLAI, KAVUKATTU, THODUPUZHA P.O., THODUPUZHA KARA, THODUPUZHA TALUK, IDUKKI DISTRICT. 4. S. GEETHA, AGED 43 YEARS, D/O. PADMANABHA PILLAI, KAVUKATTU, THODUPUZHA P.O., THODUPUZHA KARA, THODUPUZHA TALUK, IDUKKI DISTRICT. 5. KP.JAGADEESH CHANDRA, AGED 47 YEARS,S/O. PADMANABHA PILLAI, KAVUKATTU, THODUPUZHA P.O., THODUPUZHA KARA, THODUPUZHA TALUK, IDUKKI DISTRICT. 6. S.SHEELA, AGED 45 YEARS, D/O. PADMANABHA PILLAI, KAVUKATTU, THODUPUZHA P.O., THODUPUZHA KARA, THODUPUZHA TALUK, IDUKKI DISTRICT. ADDL. APPELLANTS 2 TO 6 ARE IMPLEADED AS L.Rs. OF THE DECEASED SOLE APPELLANT VIDE ORDER DATED 25-8-2003 ON IA 148/2003 BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.SUDHEESH.A. RESPONDENTS: RESPONDENTS: ------------------------- 1. T.G.MOHAN KUMAR, AGED 37 YEARS, S/O. GOPALA PILLAI, THENGUMTHOTTATHIL, MANAKADU KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. 2. THE MANAGING DIRECTOR, K.S.R.T.C, THIRUVANANTHAPURAM. BY SRI.JOHNSON P. JOHN FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M. F.A.No. 160 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2008 JUDGMENT Koshy, J. Claimant at the age of 75 sustained injuries in an accident including fracture of left clavicle and ribs 2 to 7 on the left side. Tribunal awarded Rs.20,000/- for pain and suffering and Rs.10,000/- for bystander expenses. Towards medical expenses, even though Rs.50,000/- was claimed, the Tribunal has granted Rs.21,861/-. No amount was awarded for treatment expenses. Considering the medical bills produced, we are of the view that Rs.15,000/- also ought to have been granted under this head. No amount was granted for disability, loss of earning power and loss of amenities. We are of the view that Rs.5,000/- should be awarded for loss of amenities and disability. Thus, additional amount payable will be Rs.20,000/-. The above amount should be deposited by the 2nd respondent Corporation with 7.5% interest from the date of the application till its deposit. On deposit the appellant is allowed to withdraw the same. Accordingly, the appeal is allowed in part. J.B. Koshy, Judge K. Hema, Judge mn. -2- J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M. F.A.No. 160 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 3rd day of April, 2008