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 IN THE SUPREME COURT OF INDIA  CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NO.5395   OF 2010

(Arising out of SLP(C) No.15563/2008)

V. PAVITHRAN                              Appellant(s)

                    :VERSUS:

M/S. SIRAF AND ORS.                       Respondent(s)

O R D E R

Leave granted.

The appellant was working as a conductor in the  

Kerala State Road Transport Corporation. He met with an  

accident  on  8.1.1993  in  which  he  suffered  serious  

injuries  on  the  pelvic  region.  On  various  heads  he  

claimed a total compensation of Rs.6,98,300/-.  The Motor  

Accident Claims Tribunal (“Tribunal”, for short) found  

that the accident occurred due to negligence on the part  

of the driver of the vehicle which was insured with the  

third respondent. But the Tribunal awarded a compensation  

of only Rs.2,47,500/- to the appellant with interest at  

the rate of 12% per annum.  

Aggrieved  by  this  portion  of  the  award,  the  

appellant  filed  an  appeal  before  the  High  Court  of  

Kerala.   By the impugned judgment, the High Court partly  

allowed  the  appeal  and  awarded  Rs.3,300/-  more  for

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expenses  incurred  on  account  of  treatment  of  the  

appellant.  This  additional  amount  of  Rs.3,300/-  was  

directed  to  be  deposited  by  the  third  respondent  –  

Insurance Company with interest at the rate of 8% per  

annum.  

We  have  heard  the  learned  counsel  appearing  on  

behalf of the parties.

It is submitted by the learned counsel for the  

respondents that some amount has already been paid to the  

appellant.   

In the facts and circumstances of this case, we  

deem  it  appropriate  to  direct  Respondent  No.3  to  pay  

Rs.75,000/- to the appellant in full and final settlement  

of his claim, within six weeks from today.  This payment,  

however, would be over and above the amount which has  

already been paid to the appellant. This amount shall  

carry the same rate of interest as was directed by the  

Tribunal.

This appeal is disposed of accordingly.  

.....................J (DALVEER BHANDARI)

.....................J (DEEPAK VERMA)

New Delhi; July 12, 2010.

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ITEM NO.8               COURT NO.4             SECTION XIA

           S U P R E M E   C O U R T   O F   I N D I A                          RECORD OF PROCEEDINGS  

Petition(s) for Special Leave to Appeal (Civil) No(s).15563/2008

(From the judgement and order dated 13/12/2007 in  MFA  No.231/2001  of the HIGH COURT OF KERALA AT ERNAKULAM)

V. PAVITHRAN                                      Petitioner(s)

                VERSUS

M/S. SIRAF & ORS.                                 Respondent(s)

(With appln(s) for permission to file additional documents  and with prayer for interim relief)

Date: 12/07/2010  This Petition was called on for hearing today.

CORAM :         HON'BLE MR. JUSTICE DALVEER BHANDARI         HON'BLE MR. JUSTICE DEEPAK VERMA

For Petitioner(s) Mr. C.N. Sreekumar,Adv. Mr. T.G. Narayanan Nair,Adv. Mr. K.N. Madhusoodanan,Adv.

For Respondent(s) Mr. Ravi Bakshi,Adv.                   Mr. Yash Pal Dhingra,Adv.

          UPON hearing counsel the Court made the following                                O R D E R  

Leave granted.

Heard the learned counsel appearing on behalf of  

the parties.

The appeal is disposed of in terms of the signed  

order.

(A.S. BISHT)              (NEERU BALA VIJ)  COURT MASTER                       COURT MASTER

(Signed order is placed on the file)