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 5TH AUGUST 2010 / 14TH SRAVANA 1932 MACA.No. 1878 of 2008() ----------------------- OPMV.198/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- S.RAJENDRAPRPASAD, 'GURU SANTHOSHAM' VARAVILA P.O., KARUNAGAPPALLY, NOW RESIDING AT MATHRUBHOOMI QUARTERS, S.H.MOUNT P.O., KOTTAYAM. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): RESPONDENTS -------------------------- 1. SURESH BABU V.V. VELLATTIL HOUSE, PERUMBAIKKADU P.O., KOTTAYAM. 2. THE UNITED INDIA INSURANCE COMPANY LTD., ERNAKULAM. ADV. SRI.P.V.JYOTHI PRASAD FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1878 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.198/2005 on the file of Motor Accidents Claims Tribunal, Kottayam. He was aged 49 at the time of the accident. He is a Senior Regional Manager of Mathrubhumi Printing and Publishing Company Ltd. earning a salary of Rs.30,000/- per month. He sustained the following injuries in a motor accident which occurred on August 22, 2004 at about 6.15 AM ; Compound fracture of ( R) radius gustilo type II with proximal end of fracture sticking outside, type I open fracture neck of ( L) humerus, fracture ( R) clavicle, ( R) scapula, fracture ( R ) 8th ribs, fracture ( L) 2nd ribs and multiple laceration over scalp and face.” 2. The accident happened while the car bearing Reg.No. KL 05Q/3252 in which he was travelling collided head on with the airbus bearing Reg.No. KA 01/ C 7200. Alleging negligence against the rider of the car, claimant filed the O.P. under Section 166 of MACA.No.1878/2008 2 the Motor Vehicles Act before the Tribunal claiming a compensation of Rs. 8 lakhs. 3. First respondent, the owner of the offending car remained absent and was set ex parte by the Tribunal. The second respondent, Insurer of the offending car, filed a written statement admitting the policy and further contended that there was also negligence on the part of the driver of the bus. 4. Exts.A1 to A17 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting second respondent. On an appreciation of evidence, the Tribunal awarded a compensation of 2,27,000/- with interest @ 7% 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 that the accident occurred due to the negligence on the part of the MACA.No.1878/2008 3 driver of the car 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 break up of the compensation awarded by the Tribunal is as under : Transportation - Rs. 5,000/- Damage to clothing - Rs. 1,000/- Extra nourishment - Rs. 3,000/- Bystander expenses - Rs. 6,000/- Treatment expenses - Rs.72,000/- Loss of earning - Rs.45,000/- Pain and suffering - Rs.30,000/- Disability - Rs.50,000/- Loss of amenities - Rs.15,000/- 8. Counsel for the claimant sought enhancement of the compensation for the disability caused and on other heads. 9. The Tribunal awarded a lump sum compensation of Rs.50,000/- for the disability caused to the claimant. Claimant has suffered a disability of 15% as certified by the doctor in Ext.A10 certificate. The claimant has suffered the following disabilities as seen in Ext.A10 : Pain right and left shoulder and right wrist, MACA.No.1878/2008 4 wasting of both shoulders and left arm, tenderness and thickening over left upper humerus, right clavicle, right scapula and right distal radius, deformity of right clavicle and scapula, right shoulder flexion and abduction 120, right wrist dorsiflexion and palmar flexion 30 each, supination 50% and pronation 60, left shoulder abduction 120 and flextion 110, internal ratafion 70 and external rotation 30, shortening of 3 cms. in the upper limb, left humerus united with shortening, right distal radius united with ulnar stylodid, malunion of right clavicle and scapula. 10. Ext.A14 salary certificate shows that he was earning a net salary of Rs. 23,300/- as the Manager of Mathrubhumi Printing and Publishing Ltd. Taking into account the nature of the disabilities sustained by him and the fact that he was earning about Rs.23,300/- per month, we feel that a further compensation of Rs. 25,000/- would be reasonable for the disability caused to him. 11. The Tribunal awarded Rs. 72,000/- for the treatment expenses. Ext.A11 series and Ext.A12 series bills were for Rs. 1,06,096/-. Ext.A17 shows that under medi-claim policy, he obtained Rs.35,000/-. Taking into consideration the nature of the MACA.No.1878/2008 5 injury sustained and the period of treatment undergone by the claimant, we feel that a further sum of Rs. 20,000/- would be reasonable for the treatment expenses. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 12. In the result, the claimant is found entitled to an additional compensation of Rs. 45,000/-. He is entitled to interest @ 7% 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.1878/2008 6 MACA.No.1878/2008 7