IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 MACA.No. 1409 of 2009() ----------------------- OPMV.1230/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT: PETITIONER -------------------------------------- T.V.NASEERA, AGED 27 YEARS, W/O.K.V.SABATH, KAITHAVALAPPIL HOUSE, P.O.VENGERI, CALICUT. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENTS: RESPONDENTS ---------------------------------------------- 1. K.M.MOHANDAS, S/O.K.M.KELUKUTTY KURUP, AMMIL MEETHAL HOUSE, P.O.MAKKADA, VIA KAKKODI, KOZHIKODE. 2. K.PREMACHANDRAN, S/O.SREEDHARAN NAIR, MARAKOLI THAYATH VEEDU, P.O.VENGERI, CALICUT. 3. UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, 2ND FLOOR, SEEMA TOWERS, MAVOOR ROAD JUNCTION, KOZHIKODE - 1. R3 BY ADV. SRI.RAJAN.P.KALIYATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1409 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of July, 2009 JUDGMENT Joseph, J. Heard the learned counsel for the appellant and the learned counsel for the Insurance Company. In view of the fact that the insurance is admitted, we are not issuing notice to respondents 1 and 2. We are taking up the appeal for hearing by consent. 2. The learned counsel for the appellant submits that the amount granted towards pain and sufferings, Rs. 10,000/-, is too meager. Th appellant was hospitalised for 19 days. She sustained fracture of both bones of her left leg. Medical bills for an amount of Rs.76,059/- were produced. The learned counsel for the appellant claimed amounts towards extra nourishment also. M.A.C.A.No. 1409 of 2009 2 3. In view of the facts and circumstances of this case, we are inclined to enhance the compensation. The appellant is awarded a further sum of Rs.8,000/- towards pain an sufferings. We also award Rs.2,000/- towards extra nourishment. 4. This appeal is accordingly allowed in part. The appellant is allowed to realise a sum of Rs.10,000/- as enhanced compensation with 7.5% interest p.a. from the date of the petition till the date of realisation from the third respondent. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm