IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 MACA.No. 2423 of 2009() ----------------------- OPMV.450/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER -------------- SHAFEENA ( MINOR) REP. BY NEXT FRIEND GUARDIAN FATHER P.T.MUHAMMED, S/O MOIDU PADIKKATHODI HOUSE, RIPPON VALATHOOR, RIPPON POST VYTHIRI TALUK, WAYANAD DISTRICT BY ADV. SMT.CELINE JOSEPH RESPONDENTS/RESPONDENTS --------------- 1. SALI, S/O. MOOSA, THADATHIL HOUSE, AVILORA, KODUVALLY POST, KOZHIKODE. 2. KAMALASAN, S/O. P.K.UNNIKRISHNAN, KALESH BHAVAN, THAMARASSERY POST, VIZHAPATTOOR, KOZHIKODE. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., VELIMANNA BUILDINGS, MAIN ROAD, THAMARASSERY, KOZHIKODE. ADV. SRI.K.P.SUDHEER FOR R2 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2423 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.450/2002 on the file of Motor Accidents Claims Tribunal, Kalpetta. In this appeal, she challenges the judgment and award of the Tribunal dated April 30, 2008 awarding a compensation of Rs.5,150/- for the loss caused to her on account of the injuries sustained by her in a motor accident. She sustained the following injuries in that accident that occurred on June 9, 2002 at about 6.p.m. Abrasion over the left foot, 5th toe, 4th toe, CLW over frontal region 1 cm. size. 2. The accident happened while the claimant was travelling in the Tata Sumo bearing Reg.No.KL 11 G-5787. When she reached in front of Nirmal Agencies, Chundale, due to the negligence of the driver of the vehicle, first respondent, the vehicle hit on a wall on the side of the road and overturned. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under MACA.No.2423/2009 2 Section 166 of Motor Vehicles Act claiming a compensation of Rs. 75,000/-. 3. Respondents 1 and 2, the driver and the owner of the offending vehicle remained absent before the Tribunal. The third respondent, the insurer of the offending vehicle filed a written statement admitting the policy. 4. This O.P. was jointly tried along with other O.Ps filed by the other injured persons in the accident and a common award was passed by the Tribunal. Pws 1 to 11 were examined Exts.A1 to A42 were marked on the side of the claimants 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 driving of the offending Tata Sumo by first respondent and awarded a compensation of Rs. 5,150/- with interest @ 6% 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. 6. The accident is not disputed. The finding of the Tribunal MACA.No.2423/2009 3 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 Tribunal awarded a total compensation of Rs.5,150/-. The break up of the compensation amount awarded is as under: Transport to hospital - Rs. 500/- Extra nourishment - Rs. 500/- Damage to clothing - Rs. 250/- Bystander expenses - Rs. 300/- Medical expenses - Rs. 600/- Pain and suffering - Rs. 3,000/- 8. Taking into consideration the nature of the injury sustained by the claimant and the period of treatment she has undergone, we feel that the compensation awarded by the Tribunal is just and reasonable. 9. There is another aspect in this case. The Tribunal has found that as the Insurance Policy issued in respect of the offending vehicle does not cover the risk of the claimant who was a passenger in the vehicle and made respondents 1 and 2, the driver and the owner of the offending vehicle liable to pay the amount and exonerated the Insurance company. MACA.No.2423/2009 4 10. When the appeal came up for hearing today, learned counsel for the Insurance Company fairly conceded that the policy issued in respect of the offending vehicle is a package policy. That being so, the risk of the claimant is covered by the said policy. It follows that the third respondent is liable to indemnify the owner and the driver of the offending vehicle. Consequently, the third respondent has to pay the compensation amount to the claimant. 11. 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. 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 Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.2423/2009 5