Varghese vs Mustaffa Age Not Known on 5 December, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 163 of 2002()


1. VARGHESE S/O.LQTE KURIAKOSE, AGED 70
                      ...  Petitioner

                        Vs



1. MUSTAFFA AGE NOT KNOWN S/O.ABOOBACKER,
                       ...       Respondent

2. K.MOHAMMED AGE NOT KONWN S/O.BAPPU HAJI,

3. UNITED INDIA INSURANCE CO.LTD.,KALPETTA

                For Petitioner  :SRI.N.J.ANTONY

                For Respondent  :SRI.P.MURALEEDHARAN

The Hon'ble MR. Justice K.PADMANABHAN NAIR

 Dated :05/12/2007

 O R D E R
                           K. PADMANABHAN NAIR ,J.
                       -------------------------------------------------
                                 M.F.A.No.163 of 2002
                       -------------------------------------------------
                     Dated, this the 5th day of December, 2007
                                      JUDGMENT

The petitioner in O.P.(MV) No.424/1994 on the file of the Motor Accidents

Claims Tribunal, Kalpetta is the appellant. Appellant who is a 77 year old man

sustained injuries in a motor vehicle accident on 29.4.1994. He filed Original

Petition claiming compensation impleading the owner, driver and insurer of the

vehicle. Tribunal found that the accident occurred due to the negligence of the

driver of the vehicle. It also found that the appellant is entitled to get

compensation and awarded Rs.4,650/- as compensation. Alleging that the

compensation awarded is inadequate the petitioner himself has filed this appeal.

2. The finding of the Tribunal that the accident occurred due to the

negligence of the driver of the bus, the appellant is entitled to get compensation

and the insurer is liable to indemnify the insured have become final and

conclusive. So the only question arising for consideration is whether the appellant

is entitled to get any amount as additional compensation.

3. The wound certificate produced by the appellant before the Tribunal

shows that he sustained fracture of the left mandible and he was treated as

inpatient for nine days in hospital. Tribunal took a view that he did not sustain

any disability and awarded Rs.4,000/- only for pain and suffering. According to

me the amount of compensation awarded for pain and suffering is low and the

MFA No.163/2002 -: 2 :-

Tribunal ought to have awarded a reasonable amount for discomfort and injury

sustained by the appellant. So I am of the view that the appellant is entitled to get

an additional compensation of Rs.10,000/- which will carry interest at the rate of

6% per annum.

In the result, appeal is allowed in part. An award is passed in favour of the

appellant allowing him to recover an amount of Rs.10,000/- more with 6% interest

per annum from the date of accident till the date of realisation. Third respondent

insurer is directed to deposit the additional compensation also. On deposit the

appellant can withdraw the entire amount.

K. PADMANABHAN NAIR,
JUDGE.

cks

MFA No.163/2002 -: 3 :-

K.PADMANABHAN NAIR, J.

M.F.A.No.163 of 2002

JUDGMENT

5th December, 2007.