IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 MFA.No. 971 of 2002() --------------------- OPMV.2287/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT: PETITIONER IN O.P.(MV) --------------------------------- PARASSERI PARAMBIL RAJU, S/O. SUBRAMANIAN, AGED 22, PARASSERI PARAMBIL HOUSE, KAKKUTH ROAD, PERINTHALMANNA. BY ADV. SRI.S.V.BALAKRISHNA IYER SRI.P.B.KRISHNAN RESPONDENTS: RESPONDENTS IN OP(MV) ---------------------------------- 1. K.HAMZA, S/O. MOHAMMED, KOTTAKKAKATH HOUSE, EDARIKODE P.O. (DRIVER) 2. POOKKADAN KUNHAMMED, S/O. RAYIN, PURAKKAD HOUSE, P.O.MORAYOOR - (R.C.OWNER) 3. UNITED INDIA INSURANCE CO.LTD., MANJERI. R3 BY ADV. SRI.P.M.M.NAJEEB KHAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.971 of 2002 ------------------------------------------------- Dated, this the 9th day of April, 2008 JUDGMENT Heard. Admitted. Advocate Shri P.M.M.Naheeb Khan takes notice for third respondent. Notice to other respondents dispensed with. Appeal itself is heard and disposed of. 2. Appellant sustained injuries in a motor vehicle accident. He filed Original Petition claiming Rs.one lakh as compensation. Tribunal awarded an amount of Rs.50,000/- as compensation with 9% interest. Dissatisfied with the quantum of compensation the petitioner himself has come in appeal. 3. Ext.A2 is the wound certificate which shows the injuries. Appellant was admitted in the hospital on 14.11.1992 and discharged on 27.11.1992. He was having comminuted fracture left tibia with fracture neck of left fibula with compartment syndrome with crush injury left foot with multiple lacerated wounds and split skin grafting was done. He was having 5% disability also. Appellant had spent nearly Rs.10,000/- for treatment alone. Tribunal awarded Rs.9,000/- for pain and suffering. Considering all aspects, I am of the view that at least an amount of Rs.10,000/- ought to have been awarded for pain and suffering. For disability the Tribunal had awarded only Rs.5,000/-. Tribunal ought to have awarded Rs.10,000/- on that count. For disfigurement the Tribunal had awarded only Rs.2,000/-. It should have awarded Rs.8,000/- on that count. So the appellant is MFA No.971/2002 2 entitled to get an additional compensation of Rs.12,000/- with 7.5% interest per annum from the date of petition till the date of realisation. In the result, appeal is allowed in part. An award is passed authorising the appellant to recover an amount of Rs.12,000/- as additional compensation with 7.5% interest per annum from the date of petition till the date of realisation. Third respondent insurer is directed to deposit that amount also. On deposit the appellant can withdraw the entire compensation. K. PADMANABHAN NAIR, JUDGE. cks MFA No.971/2002 3 K.PADMANABHAN NAIR, J. M.F.A.No.971 of 2002 JUDGMENT 9th April, 2008.