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 5TH MARCH 2010 / 14TH PHALGUNA 1931 MACA.No. 556 of 2008() ---------------------- OPMV.1234/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER. ----------------------------------- PUSHPA, W/O. BABU, KALATHINAL HOUSE, ARANGU P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.VIJU ABRAHAM SRI.JIJO THOMAS SRI.JOY C. PAUL SRI.DOMINIC JOHNSON SMT.M.SRUTHY RESPONDENT(S): RESPONDENTS. --------------------------- 1. LANINA C., D/O. VEERANKOYA C., 22/731, MULLASSERY COMPOUND, THIRUVANNUR P.O., KOZHIKODE DISTRICT. 2. MOHAMMED K.P.U., KALLIKKATTU HOUSE, KIZHAVANA ROAD, KOCHI - 36, PANAMPILLI NAGAR. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE NO.II, JOY'S BUILDING, PADMA JUNCTION, M.G.ROAD, P.B.NO.3659, KOCHI - 35. ADV. SMT.P.K.SANTHAMMA FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.556 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.1234/1999 of Motor Accidents Claims Tribunal, Thalassery challenges the judgment and award of the Tribunal dated May 2, 2006 awarding a compensation of Rs. 1,01,550/- for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant is a lady aged 22. On November 19, 1998 at about 2.30 p.m., the claimant along with others were travelling in a jeep bearing Reg.No.KL-13/A 6121 from Kudiyanmala to Pala. When the jeep reached near Padikkal in Malappuram district, a Maruthi car bearing Reg.No.KL-7/T-3753 came at a high speed from the opposite side and dashed against the jeep in which the claimant was travelling. Due to the impact the right kidney of the claimant was torn into four MACA.No.556/08 Page numbers pieces which was removed by conducting Nephroctomy. According to the claimant, accident occurred due to the rash and negligent driving of the offending Maruthi car by the first respondent. First respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending car are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the driver and the owner of the offending car remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending car filed a written statement admitting the policy and further contending that the accident occurred due to the negligence of the driver of the jeep involved in the accident. 4. PW1 and PW2 were examined and Exts.A1 to A12 were marked on the side of the claimant before the Tribunal. On the side of the contesting third respondent, Ext.B1 was marked. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending car by first respondent and awarded a compensation of Rs. 1,01,550/-. The claimant has now come up in appeal challenging the quantum of compensation awarded MACA.No.556/08 Page numbers by the Tribunal. 5. Heard the counsel for the appellant/claimant and the counsel for 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 entitled to any enhanced compensation ? 7. The claimant PW1 suffered damage to her right kidney which was removed by an operation. Ext.A2 is the copy of the discharge certificate. The injury noted there is internal bleeding following blunt trauma torn kidney with tear in the renal vein. Right nephroectomy was done. Ext.A3 is the Reference Card issued from Medical College Hospital, Kozhikode. Ext.A8 is the Medical Certificate and Ext.X1 is the case summary. As PW1 claimant testified that now she is having fever repeatedly. Ext.A8 is the disability certificate issued by PW2, the doctor. He has assessed the disability at 25% for loss of one kidney and 3% for the recurrent abdominal pain . The claimant was aged 22 and the accident occurred after 8th day of her MACA.No.556/08 Page numbers marriage. Ext.A12 is her marriage certificate. The Tribunal took the monthly income of the claimant as Rs. 1500/- and her disability as 25% and awarded a total compensation of Rs. 1,01,550/- 8. The break up of the award amount is as under : Loss of earning -Rs. 3,000/- Transportation expense -Rs. 5,000/- Medical expense -Rs. 5,000/- Bystanders expense -Rs. 1,050/- Extra nourishment -Rs. 1,000/- Pain and sufferings -Rs. 10,000/- Loss of earning capacity -Rs.76,500/- ---------------- Total -Rs. 1,01,550/- =========== 9. The learned counsel for appellant sought enhancement of compensation towards the disability caused, pain and suffering etc. He has also pointed out that no compensation was awarded for the loss of amenities and enjoyment of life. There is force in the above contention. 10. For the pain and suffering endured by the claimant, Tribunal awarded Rs. 10,000/- which is quite inadequate. Taking into account the nature of injuries sustained, we feel that a compensation of Rs. 20,000/- would be reasonable on this count. MACA.No.556/08 Page numbers 11. For the loss of amenities and enjoyment of life, having regard to the nature of injuries sustained, we feel that a compensation of Rs. 25,000/- would be just and proper. 12. For the disability caused, the Tribunal took her monthly income as Rs. 1500/- and the disability as 25% and adopting a multiplier of 17 awarded a compensation of Rs. 76,500/- which appears to be reasonable. Regarding compensation granted under other heads also, we find the same just and proper. In the result, the claimant is found entitled to Rs. 35,000/- as additional compensation. She is entitled to interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. 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.556/08 Page numbers