IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 MACA.No. 1234 of 2005() ----------------------- OPMV.506/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT-PETITIONER ---------------------------------- JOY EMMANUEL, MADATHIKKUNNEL HOUSE, ERAVIMANGALAM P.O., MANJOOR, VAIKOM, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): RESPONDENTS --------------- 1. RAJU, PUTHUPPARAMBIL HOUSE, NEAR SANTHIBHAVAN, MUTTAMBALAM KARA AND VILLAGE, KOTTAYAM. 2. JAYAKUMAR, KIZHAKKEPARAMBIL HOUSE, KODIMATHA KARA, KOTTAYAM. 3. THE NEW INDIA, ASSURANCE CO.LTD., KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1234 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of June, 2010 JUDGMENT Basheer, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.506/2000 of Motor Accidents Claims Tribunal, Kottayam challenges the judgment and award of the Tribunal dated February 18,2004 awarding a compensation of Rs.11,500/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant was aged 33 at the time of the accident and used to earn Rs. 2,500/- per month as Proprietor of a Saw mill. On February 27, 2000 at about 8.30 p.m., while he was driving the jeep bearing Reg.No.KRO 8236 and reached at Kaduthuruthy, a lorry bearing Reg.No.KL 5A 4863 driven by the first respondent came at a high speed and dashed against the jeep of the claimant. The claimant sustained serious injuries. According to the claimant, accident occurred MACA.No.1234/2005 2 due to the rash and negligent driving of the offending lorry by first respondent. First respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the driver and owner of the offending lorry remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending lorry filed a written statement admitting the policy and further contended that there was also negligence on the part of the claimant. 4. Claimant was examined as PW1 and Exts.A1 to A10 were marked on his side 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 lorry by first respondent and awarded a compensation of Rs. 11,500/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs. 1,000/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. MACA.No.1234/2005 3 5. Heard Sri.Mathew John, the learned counsel for the appellant/claimant and Sri.V.P.K.Panicker, the learned 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 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 sustained fracture to the right knee and injury to the left palm and pain on the chest as revealed from Ext.A4, the copy of the wound certificate and Ext.A3, discharge card. 8. The Tribunal awarded a total compensation of Rs.11,500/-. The break up of the compensation awarded is as under : Loss of earnings - Rs. 2,500- Pain and suffering - Rs. 7,500/- Treatment expenses - Rs. 1,500/- 9. Counsel for the claimant sought enhancement of compensation for the pain and suffering endured and for loss of earnings. MACA.No.1234/2005 4 10. Taking into consideration the nature of the injury sustained and the period of treatment the claimant has undergone, we feel that the compensation awarded by the Tribunal is just and reasonable. Therefore, he is not entitled to any enhanced compensation. 11. There is another aspect in this case. 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. 12. In the result, the claimant is found not entitled to any enhanced compensation. He is entitled to interest @ 7.5% per annum from the date of petition till realisation. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1234/2005 5 MACA.No.1234/2005 6