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 10TH JANUARY 2011 / 20TH POUSHA 1932 MACA.No. 830 of 2005() ----------------------------------- OPMV.243/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): /PETITIONER ------------------------------------------- MUSTHAFA, S/O.ABDUL HAJI, AGED 18 YEARS, CHOYATHALA HOUSE, ARAMBATTAKUNNU POST, POZHUTHANA. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): RESPONDENTS -------------------------------------------------- 1. USMAN, S/O.MAMMUTTY, KOLLIYIL PUTHUR HOUSE, CHENALODU, KAVUMMANNAN POST, VYTHRI TALUK, WAYANAD DISTRICT.(DVR OF KL 10/H-9440 MOTOR CYCLE) 2. MOIDEEN E.T., S/O.ABDU RAHIMAN, ERANTHODIKA, MUKKATH POST, KOZHIKODE. (R.C.OWNER OF KL 10/H-9440 MOTOR CYCLE). 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, MAIN ROAD, KALPATTA. (INSURER OF KL 10/H-9440 MOTOR CYCLE). R3 BY ADV. SRI.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 830 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 10th day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No. 243 of 2002 on the file of the Motor Accidents Claims Tribunal, Wayanad, Kalpetta. In this appeal he challenges the judgment and award of the Tribunal dated October 14, 2004 awarding a compensation of Rs.31,500/- for the loss caused to him on account of the injuries sustained by him in a motor accident . 2. The claimant sustained the following injuries in the accident:- “1) Zygomatico frontal suture line fracture – Right side. 2) Infra orbital rim fracture – Right side. 3) Zygomatico arch fracture – Right side 4) Parasthesia – Right side. 3. The accident happened on March 8, 2002 at about MACA 830/2005 2 9.30 a.m. While the claimant was pillion riding on a motor cycle bearing registration No.KL-10/H-9449 ridden by the 1st respondent and when they reached near Laksham Veedu Colony, the vehicle capsized and the claimant sustained serious injuries. Alleging negligence against the 1st respondent rider of the motor cycle, the claimant filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.1,50,000/- 4. Respondents 1 and 2, rider and owner of the motor cycle, filed a written statement admitting the accident but denied the liability. The 3rd respondent insurer of the motor cycle filed a written statement admitting the policy. PW1 was examined and Exts.A1 to A7 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of the 1st respondent rider of the motor cycle and awarded a compensation of Rs31,500/- with interest @ 9% p.a. from the date of petition till realization and proportionate cost. MACA 830/2005 3 The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and 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 the 1st respondent rider of the motor cycle is not seriously 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.31,500/-. Break up of the compensation awarded is as under:- Loss of earning : Rs. 3,000 Transportation : Rs. 500 Extra nourishment : Rs. 250 Bystander expenses : Rs. 250 Cost of medicines : Rs. 7,500 Pain and suffering : Rs.10,000 Disability : Rs.10,000 8. The learned counsel for the appellant/claimant MACA 830/2005 4 sought enhancement of compensation for the disability caused and on other heads. 9. The Tribunal awarded a total compensation of Rs.10,000/- for the disability caused. Ext.A6 certificate issued by the doctor shows that the claimant has still parasthesia on the right side. Taking into consideration the above fact, we feel that an additional compensation of Rs.20,000/- 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. 10. In the result, the claimant is found entitled to an additional compensation of Rs.20,000/- with interest @ 7.5% per annum from the date of petition till realization and proportionate cost. The 3rd respondent Insurance Company shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. The award of the Tribunal is modified to the above extent. MACA 830/2005 5 The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn