IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 MACA.No. 2134 of 2010() ----------------------- OPMV.157/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER ------------------------ K.FIROZKHAN, S/O.MOIDEENKUTTY, KARIMBIL HOUSE, PANDIKKAD AMSOM, P.O.POOLAMANNA, ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): 5TH RESPONDENT ----------------------------- UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, E.K.BUILDING, CALICUT ROAD, PERINTHALMANNA. ADV. SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2134 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.157/2002 on the file of Motor Accidents Claims Tribunal, Manjeri. In this appeal he challenges the judgment and award of the Tribunal dated February 21, 2006 awarding a compensation of Rs.1,08,790/- for the loss caused to him on account of the injuries sustained in a motor accident. 2. He sustained the following injuries in that motor accident that occurred on May 4, 1998 at about 5.45 p.m. : Compound fracture of both bone leg. Fracture of Head of ( L) Radius, T shaped wound on outer medial aspect of left leg about 20 cm. long, Tibia stripped off periocteium is exposed 15 cms. 3. The accident happened while the claimant was pillion riding on the motor cycle from Poolamanna to Vettathur and when he reached at Melattur-Perinthalmanna public road, the motor cycle dashed against the jeep bearing Reg.No.KL-10/B 7932 driven by the first respondent in the O.P.. Alleging negligence against the first respondent in the O.P., the claimant filed the O.P. before the Tribunal MACA.No.2134/2010 2 under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 3,00,000/-. 4. Respondents 1, 2 and 5 in the O.P. are the driver, owner and insurer of the offending jeep. Respondents 3 and 4 in the O.P. are the rider and owner of the motor cycle in which the claimant was pillion riding. Respondents 2, 3 and 4 in the O.P. remained absent before the Tribunal. First respondent in the O.P., the driver of the offending jeep though entered appearance did not file any written statement. The fifth respondent in the O.P. ( respondent in this appeal), the insurer of the offending jeep, filed a written statement admitting the policy, but denied the liability. 5. PW1 was examined and Exts.A1 to A8 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents in the O.P. before the Tribunal. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending jeep by first respondent in the O.P. and awarded a compensation of Rs. 1,08,790/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.750/- against respondents 1, 2 and 5. The claimant has now come up in appeal challenging the quantum of MACA.No.2134/2010 3 compensation awarded by the Tribunal. 6. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. 7. 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 in the O.P. and that the claimant sustained the injuries mentioned above in that accident are not challenged in this appeal Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 8. The break up of the compensation awarded by the Tribunal is as under : Transport to hospital - Rs. 4,200/- Extra nourishment and bystander expenses - Rs. 7,200/- Medical expenses - Rs.87,390/- Pain and suffering - Rs.10,000/- 9. Counsel for the claimant sought enhancement of compensation for the pain and suffering endured, for loss of amenities and enjoyment in life, for extra nourishment and for bystander expenses and on other heads. 10. The Tribunal awarded Rs. 10,000/- for pain and suffering endured by the claimant which appears to be very low. Taking into MACA.No.2134/2010 4 consideration the nature of the injury sustained by the claimant, we feel that a compensation of Rs. 35,000/- would be reasonable on this count. 11. No compensation was awarded by the Tribunal for loss of amenities and enjoyment in life. Having regard to the nature of the injury sustained, we feel that a compensation of Rs. 25,000/- would be reasonable for loss of amenities and enjoyment in life. 12. The Tribunal awarded Rs. 7,200/- for extra nourishment and bystander expenses. Taking into consideration the period of treatment the claimant has undergone, we feel that a compensation of Rs. 10,000/- would be reasonable on this count. 13. The claimant was aged 26 and was employed in Saudi Arabia earning Rs. 10,000/- per month, according to the claimant. Taking into consideration the above aspect, we feel that the monthly income of the claimant can be reasonably fixed at Rs. 4,000/-. The nature of the injuries sustained by the claimant shows that he must have been disabled for six month for which he is entitled to a compensation of Rs. 24,000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore are not disturbing the same. 14. There is another aspect in this case. The Tribunal awarded MACA.No.2134/2010 5 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 for the compensation already awarded and also for the enhanced compensation. 15. In the result, the claimant/appellant is found entitled to an additional compensation of Rs. 76,800/- with interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and also for the enhanced compensation and proportionate cost. The fifth respondent in the O.P./respondent herein, 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.2134/2010 6