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 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 MACA.No. 844 of 2005() ---------------------- OPMV.266/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANT ----------------------- K.P.SHAJU, S/O.K.A.PAULOSE, KOTTALA HOUSE, KOTTUVALLY VILLAGE, KOONAMAVU. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS/RESPONDENTS: --------------- 1. RAVI, S/O.RAMAN, NAMWRIPARAM HOUSE, KAITHARAM P.O., KOONAMMAVU. 2. VINCENT, S/O.VAREETH, PARIYADAN HOUSE, PULIYANAM P.O. 3. UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE NORTH PARAVUR. ADV. SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.844 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.266/2000 on the file of Motor Accidents Claims Tribunal, Perumbavoor. In this appeal he challenges the judgment and award of the Tribunal dated April 23, 2004 awarding a compensation of Rs.1,15,382/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on May 18, 1999 at about 6 p.m. : Oedema both eyelid, left active bleeding from nose. CT scan showed anterior cranial foss +, fracture frontal bone and dural fluid collection. 2. The accident happened while the claimant was pillion riding on the scooter bearing Reg.No.KL-7H-5582 along Mattoor- Kariyad public road. When he reached at Akapparambu, due to the negligence of the rider of the scooter, second respondent, it dashed against a pedestrian and as a result of which the claimant fell on the road. Alleging negligence against the second respondent, the claimant MACA.No.844/2005 2 filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 2,00,000/-. 3. Respondents 1 and 2, the owner and the rider of the offending scooter remained absent before the Tribunal. The third respondent, the insurer of the offending scooter filed a written statement admitting the policy. 4. Exts.A1 to A9 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent riding of the offending scooter by second respondent and awarded a compensation of Rs. 1,15,382/- with interest @ 9% per annum from the date of petition till realisation. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the MACA.No.844/2005 3 second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.1,15,382/-. The break up of the compensation amount awarded is as under: Pain and suffering - Rs. 18,000/- Loss of earnings - Rs. 7,200/- Damage to clothing - Rs. 300/- Transportation - Rs. 1,500/- Extra nourishment - Rs. 3,000/- Loss of amenities - Rs. 10,000/- Loss of earning power - Rs. 22,032/- Disfiguration - Rs. 8,000/- Medical bills - Rs. 45,350/- 8. Counsel for the claimant sought enhancement of compensation for the pain and suffering endured and for loss of amenities and enjoyment of life. 9. The Tribunal awarded Rs.10,000/- for loss of amenities and enjoyment in life and Rs.18,000/- for pain and suffering endured. Taking into consideration the nature of the injuries sustained by the claimant, we feel that an additional compensation of Rs. 5,000/- for MACA.No.844/2005 4 loss of amenities and enjoyment in life and another additional sum of Rs. 7,000/- for pain and suffering endured 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. 10. There is a delay of 298 days in filing the appeal. Therefore, the claimant will not be entitled to interest for the said period of delay. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 12,000/-. He is entitled to interest @ 9% per annum from the date of petition till realisation and proportionate cost. The claimant will not be entitled to interest for the period of delay of 298 days in filing the appeal. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment. 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 sv. MACA.No.844/2005 5 MACA.No.844/2005 6