IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 808 of 1993(E)
1. PUNNOTH UNNI MOYINKUTTY
... Petitioner
Vs
1. HARIDASAN
... Respondent
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent :SMT.CHINCY GOPAKUMAR
The Hon'ble MR. Justice K.PADMANABHAN NAIR
Dated :20/03/2007
O R D E R
K.Padmanabhan Nair, J.
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M.F.A.No. 808 of 1993-E
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Dated, this the 20th day of March, 2007.
Judgment
The claimant in O.P.(M.V.) No. 862 of 1991 on the file of the Motor
Accidents Claims Tribunal, Manjeri is the appellant. He met with a road traffic
accident at about 8 p.m on 20-11-1990 and sustained injuries. He was taken to the
Medical College Hospital, Kozhikode and was treated there as an inpatient till 6-
12-1990. He filed the Original Petition claiming an amount of Rs.40,00/- as
compensation under various heads. The Tribunal found that the accident occurred
due to the negligence of the driver of the vehicle and the vehicle is covered by a
valid policy. It was also held that the insurer is liable to pay the compensation.
The Tribunal awarded only an amount of Rs.2,900/- as compensation.
Challenging the question of compensation, petitioner has filed this appeal.
2. Appellant had claimed an amount of Rs.10,000/- for transport to
hospital and medical expenses. For transport to hospital, Rs.200/- was allowed
and an amount of Rs.1000/- was allowed for treatment expenses. For loss of
earning power, the Tribunal has awarded an amount of Rs.500/-. The appellant
claimed Rs.16,000/- for pain and suffering . But the Tribunal awarded only an
amount of Rs.1,200/- . I am of the view that the Tribunal ought to have awarded an
M.F.A.No.808 of 1993 2
amount of Rs.5,000/- for pain and suffering.
In the result, appeal is allowed in part. Appellant is awarded an amount of
Rs.5,000/- more as additional compensation with interest at 7% from the date of
petition. The amount shall be paid by the insurer.
K.Padmanabhan Nair,
Judge.
s.
M.F.A.No.808 of 1993 3
K.Padmanabhan Nair, J.
M.F.A.No.808 of 1993
Judgment
20th March, 2007.