IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 MACA.No. 470 of 2007() ---------------------- OPMV.668/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- ANISH GEORGE, PURAPUZHAYIL HOUSE, LALAM VILLAGE, MUNDUPALAM, PALA. BY ADV. SRI.MATHEW JOHN SRI.SUJESH MENON V.B. RESPONDENTS/RESPONDENTS -------------------------- 1. FR.PROVINCIAL CARMEL HILL MONASTRY, COTTON HILL, THIRUVANANTHAPURAM-14. 2. LAL @ VARGHESE, S/O ABRAHAM, KUNNUVILA HOUSE, KOTTACKAL VILLAGE, MALAPPERUR KARA, KOLLAM DT. 3. THE UNITED INDIA INSURANCE CO. LTD, DIVISIONAL OFFICE, THIRUVANANTHAPURAM. ADV. SRI.P.T.SEBASTIAN SRI.JOHN J.KANDATHIL SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.470 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.668/2003 on the file of Motor Accidents Claims Tribunal, Pala. In this appeal he challenges the judgment and award of the Tribunal dated August 23,2006 awarding a compensation of Rs.1,09,030/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on July 4, 2003 at about 3.30 p.m. at Mundupalam junction.: Type III B compound comminuted fracture of lower third of right leg and multiple lacerations over right leg. 2. The accident happened while the claimant was riding pillion in a scooter along Pala - Ramapuram road. When he reached at Mundupalam junction, the scooter dashed against an Ambassador car bearing Reg.No.KL-01/Y-9358 driven by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 5,60,500/-. MACA.No.470/2007 2 3. Respondents 1 and 2, the owner and the driver of the offending car remained absent before the Tribunal. The third respondent, the insurer of the offending car filed a written statement admitting the policy, but attributed negligence to the rider of the scooter. 4. This O.P. was jointly tried along with the other O.P. filed by the rider of the scooter and a common award was passed by the Tribunal. Exts.A1 to A35 were marked on the side of the claimant 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 car by second respondent and awarded a compensation of Rs. 1,09,030/- with interest @ 7.5% per annum from the date of petition till realisation and a cost of Rs.2,700/-. 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.470/2007 3 second 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.1,09,030/-. The break up of the compensation amount awarded is as under: Medical expenses - Rs.59,280/- Bystander expenses - Rs. 3,000/- Extra nourishment - Rs. 500/- Damage to clothing - Rs. 250/- Transportation - Rs. 1,000/- Pain and suffering - Rs. 15,000/- Loss of amenities - Rs. 30,000/- 8. Counsel for the claimant pointed out that no compensation has been awarded for the disability caused to the claimant. 9. Ext.A9 is the disability certificate issued by Asst.Professor of Orthopaedics, Medical College Hospital, Kottayam. It shows that the claimant has difficulty in squatting, sensory deficit over the grafted skin area on posterior aspect of right leg, shortening of right leg by 2 cm., restriction of terminal 30 degrees flexion right knee and movement of ankle terminal 15 degrees dorsiflexion and 20 degrees plantar flextion restricted. There is union of fracture tibia and fibula with 15 MACA.No.470/2007 4 degrees antero medial angulation. In Ext.A9 certificate, his disability is assessed at 12%. 10. Taking into consideration the nature of the injury sustained by the claimant and the disability caused to him, we feel that a compensation of Rs.30,000/- would be reasonable for the disability caused . As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. 11. In the result, the claimant is found entitled to an additional compensation of Rs. 30,000/-. He 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.470/2007 5 MACA.No.470/2007 6