IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 MACA.No. 66 of 2005() --------------------- OPMV.424/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT: PETITIONER ----------------------- MUKUNDAN @ GOPAN, S/O.NARAYANA PILLAI, AGED 52 YEARS, RESIDING AT BHAVANIVILASOM HOUSE, KADATHY KARA, MEKKADAMPU P.O., VALAKOM VILLAGE. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENT(S): RESPONDENTS --------------- 1. K.E.SKARIACHAN, KUMMAMKOTTU HOUSE, MEKKADAMPU P.O., MUVATTUPUZHA. 2. UNITED INDIA INSURANCE CO.LTD., MUVATTUPUZHA MUNICIPAL SHOPPING COMPLEX, MUVATTUPUZHA. ADV. SRI.A.R.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.66 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.424/2001 of Motor Accidents Claims Tribunal, Muvattupuzha challenges the judgment and award of the Tribunal dated September 14, 2004 awarding a compensation of Rs. 1,47,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant was a rubber tapper aged 49 at the time of the accident. On June 25, 2000 while he was walking along Ernakulam- Muvattupuzha road, at Kadathy he was knocked down by the motor cycle bearing Reg.No.KL-7/U 4682 driven by the first respondent. Claimant sustained serious injuries.. According to the claimant, accident occurred due to the rash and negligent riding of the offending motor cycle by first respondent. First respondent as the owner cum MACA.No.66/2005 2 rider of the offending motor cycle and second respondent as its insurer are jointly and severally liable to pay compensation to the claimant. Claimant claimed a compensation of Rs. 5 lakhs. 3. First respondent, the owner cum rider of the offending motor cycle remained absent and was set ex parte by the Tribunal. The second respondent the insurer of the offending motor cycle filed a written statement admitting the policy. 4. Claimant was examined as PW1 and Exts.A1 to A8 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 riding of the offending motor cycle by first respondent and awarded a compensation of Rs. 1,47,000/- with interest @ 9% per annum from the date of petition till realisation and proportionate cost. 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. MACA.No.66/2005 3 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 entitled to any enhanced compensation. 7. Ext.A7 is the copy of the wound certificate issued from Medical Mission Hospital, Kolenchery. Ext.A1 is the certificate issued from the said hospital. CT scan of the head showed left tempero parietal acute subdural haematoma, extradural haematoma, left temporal and right frontal haemorrhagic centusion, subarachnoid haemorrhage and brain stem compression. Craniotomy and evacuation was done on 26-6-2000. Later frontal craniotomy and partial lobectomy and evacuation of haematoma were done 28-6-2000 and he was discharged from the hospital on 1-8-2000. It is stated in the certificate that the patient is unable to carry out independent work, since he is having behavioural abnormality like occasional aggressiveness. 8. The Tribunal awarded a total compensation of MACA.No.66/2005 4 Rs.1,47,000/-. The break up of the compensation awarded is as under : Pain and suffering - Rs. 20,000/- Loss of earning - Rs. 9,000/- Partial loss of earning - Rs. 10,000/- Transportation expenses - Rs. 2,500/- Extra nourishment - Rs. 3,500/- Treatment expenses - Rs. 87,000/- Expenses for attendant - Rs. 5,000/- Future treatment expenses - Rs.10,000/- Loss of amenities and enjoyment of life - Rs. 10,000/- 9. Counsel for the appellant/claimant submitted that no compensation was awarded for the disability caused and that the claimant has suffered serious disability due to the injury sustained as seen from Ext.A1, the certificate issued from Medical Mission Hospital,Kolenchery. Now he is having behavioural abnormality like occasional aggressiveness. Copy of Ext.A1 is made available by the learned counsel for the claimant for our perusal. It is clear from Ext.A1 that claimant has suffered some disability due to the injury sustained. But the doctor has not assessed the percentage of disability suffered by the claimant. Therefore, we feel that a lump sum amount of Rs. 50,000/- for the disability caused would be reasonable. As regards the compensation awarded under other heads, we find the same to be MACA.No.66/2005 5 reasonable and therefore are not disturbing the same. 10. In the result, the claimant is entitled to an additional compensation of Rs. 50,000/-. He is entitled to interest @ 9% per annum from the date of petition till realisation 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.66/2005 6