IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 MACA.No. 2325 of 2007() ----------------------- OPMV.619/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): APPELLANT/CLAIMANT -------------------------------- SABATH, S/O.BAVA, VELLIYATH HOUSE, TANALUR P.O., TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): RESPONDENTS -------------------------- 1. P.RASHEED, S/O.SAIDALI, PAKKIKANATH HOUSE, K.PURAM P.O., VIA THANALUR, TIRUR TALUK. 2. THE ORIENTAL INSURANCE COMPANY LIMITED, JASEELA COMPLEX, NILAMBUR ROAD, MANJERI P.O. ADV. SRI.S.MAMMU FOR R.2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2325 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.619/2004 on the file of Motor Accidents Claims Tribunal, Tirur. He sustained the following injuries in a motor accident that occurred on February 19, 2004 at about 8.15 a.m.: 1. Fracture of right elbow 2. Fracture of right knee 3. Big wound of the size 15 x 25 cm. on the right thigh. 2. The accident happened while the claimant was riding his motor cycle bearing Reg.No. KL-10 R-3598 from Tanur to Tirur and reached at Cheriyamoochikkal, it dashed against a lorry bearing Reg.No.KEB-3177 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 2,00,000/-. 3. Respondent No.1, the owner-cum-driver of the offending MACA.No.2325/2007 2 lorry remained absent before the Tribunal. The second respondent, the insurer of the offending lorry filed a written statement admitting the policy. 4. Exts.A1 to A12 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting second respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending lorry by first respondent and awarded a compensation of Rs. 52,000/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.1,000/-. 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 first respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is MACA.No.2325/2007 3 entitled to any enhanced compensation. 7. The break up of the compensation awarded is as under : Transport to hospital - Rs. 1,000/- Expenses of bystander - Rs. 1,000/- Damage to clothing - Rs. 400/- Medical expenses - Rs.34,600/- Extra nourishment - Rs. 1,000/- Pain and suffering - Rs.10,000/- Loss of amenities - Rs. 4,000/- 8. Counsel for the claimant sought enhancement of compensation for loss of amenities and enjoyment of life, for pain and suffering endured and on other heads. 9. The Tribunal awarded Rs.10,000/- for pain and suffering endured by the claimant. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. 10. The Tribunal awarded Rs.4,000/- for loss of amenities and enjoyment in life. Having regard to the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not MACA.No.2325/2007 4 disturbing the same. 11. There is another aspect in this case. The Tribunal awarded interest only @ 6% per annum which appears to be very low. The claimant is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation. 12. In the result, the claimant is entitled to an additional compensation of Rs. 26,000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation and proportionate cost. The second 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.2325/2007 5 MACA.No.2325/2007 6