IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 MACA.No. 1140 of 2007() ------------------------------ OPMV.2598/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/CLAIMANT ----------------------------- K.BABU, S/O.GOPALAN,AGED 41 YEARS, HEAD CONSTABLE(FIRE)C.I.S.F.,N.T.P.C. KAYAMKULAM, ALAPPUZHA DT.NOW WORKING AT C.I.S.F. UNIT,ONGC, HAZIRA,ONGC NAGAR PO,SURATH DISTRICT,GUJARATH, RESIDING AT "UPASANA", RAMDAS NAGAR P.O., KASARAGOD. BY ADV. SRI.SHAJI P.CHALY RESPONDENT(S): RESPONDENTS -------------------------------------- 1. M/S.BHAGEERATHA ENGINEERING LTD., P.B.NO.2338/132,KADAVI BUILDING, KOCHI-16, REPRESENTED BY MANAGING DIRECTOR. 2. RAM PRASAD, S/O.KHOKLE PRASAD, DRIVER, M/S.BHAGEERATHA ENGINEERING LTD., P.B.NO.2338/132, KADAVI BUILDINGS, KOCHI-16. 3. NATIONAL INSURANCE COMPANY LTD., MANAPPAT CENTRE, H.M.T.JUNCTION, KALAMASSERY. 4. ORIENTAL INSURANCE COMPANY LTD., "SHOBHA" T.S.M. COMPLEX, R.S.ROAD, PALAKKAD. R3 BY ADV. SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 1140 of 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 3rd day of January , 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.2598 of 2000 on the file of the Motor Accidents Claims Tribunal, Ernakulam. In this appeal he challenges the judgment and award of the Tribunal dated January 16, 2007 awarding a compensation of Rs.2,24,440/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened on December 28, 1999 at about 6.15 p.m. while the claimant was riding his motor cycle bearing registration No.KL-9E 6154 along NH-47, he was knocked down by a lorry bearing registration No.KL-3C 9616 driven by the 2nd respondent. Alleging negligence against the 2nd respondent, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.6,86,799/-. MACA 1140/2007 2 3. Respondents 1 to 3 are owner, driver and insurer of the offending lorry and 4th respondent is the insurer of the motor cycle. They remained absent and they were set ex parte by the Tribunal. 4. Exts.A1 to A20 were marked on the side of the claimant. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence 2nd respondent driver of the offending lorry and awarded a compensation of Rs.2,24,440/- with interest @ 7.5 % p.a. from the date of petition till realization with proportionate cots. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the 2nd respondent is not seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced MACA 1140/2007 3 compensation. 7. The Tribunal awarded a total compensation of Rs.2,24,440/-. Break up of the compensation awarded is as under:- Transportation, hospitalization, : Rs. 10,000 attendance expenses, extra nourishment and damage to clothing. Medical expenses : Rs.1,43,720 Loss of earnings : Rs. 15,720 Pain and suffering : Rs. 40,000 Loss of amenities in life : Rs. 15,000 ------------------ Total : Rs.2,24,440 ======= 8. The learned counsel for the appellant/claimant points out that no compensation was awarded for the disability caused. There is some force in the above contention. The claimant sustained the following injuries :- “1) 10 x 7 cms. laceration on (R) leg anteriorly. 2) 3 x 3 cms. laceration on(R) leg with open fracture of both bones (R) leg. 3) 15 x 10 cms. laceration on (R) leg posteriorly. 4) Type III open fracture right tibia/M/3rd.” MACA 1140/2007 4 He has undergone treatment as shown in Ext.A6, A10, A17 and A19. He was aged 36 at the time of the accident and was working as Head Constable in Fire Force department earning Rs.6,436/- per month, as evidenced from Ext.A20 salary certificate. Taking into consideration the nature of the injuries sustained by him and the period of treatment he had undergone, we are of the view that he must have suffered some temporary disability for which we feel that he is entitled to compensation. The above disability affected his daily life, for which we feel that a compensation of Rs.50,000/- would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 9. In the result, the claimant is found entitled to an additional compensation of Rs.50,000/- He is entitled to interest @ 7.5 % per annum from the date of petition till realization. The 3rd respondent shall deposit the amount within two months from the date of receipt of a copy of this MACA 1140/2007 5 judgment with notice to the claimant. The award of the Tribunal is modified to the above extent. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn