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 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 MACA.No. 1206 of 2008 ----------------------- OPMV.2081/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM APPELLANT(S): PETITIONER:- -------------- M.K. KUMAR, 52 YEARS, S/O.KUNJAN, “CHITHIRA”, KANDANADU P.O., PIN-682 305. BY ADV. SRI.K.JANARDHANAN SRI.MANURAJ. K.J RESPONDENT(S): RESPONDENTS:- --------------- 1. S.S.PRASAD, SUKANYA BHAVAN, MEKOLAKKAL, NEDUMANGADU, KOTTARAKKARA. 2. JAYACHANDRAN P., S/O.PERIYASAMI, 5TH STREET, ANDAWAR NAGAR, VADAPALANI VILLAGE, VADAPALANI, TAMILNADU, CHENNAI- 30. 3. THE ORIENTAL INSURANCE COMPANY LTD., P.B. NO.8, VIJAYANAGAR BUILDING, PULAMON P.O., KOTTARAKKARA. Name of the 2nd respondent is deleted from the party array at the risk of the appellant as per order dated 1-11-2010 in I.A. No.2521/2010. BY SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 ADV.SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No.1206 OF 2008 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 30th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.2081/1999 on the file of Motor Accidents Claims Tribunal, Ernakulam. In this appeal he challenges the judgment and award of the Tribunal dated January 10, 2007 awarding a compensation of Rs.44,140/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. He sustained the following injuries in the accident :- “1. Laceration on lateral aspect of ( R) ankle 2 x 1 cm. 2. Open fracture of ( R) lateral malleolus with bone loss. 3. Fracture of ( R) medial malleolus.” 3. The accident happened on July 31, 1999 at about 9. a.m while the claimant was riding his motor cycle along Ernakulam-Tripunithura road. When he reached near Vytilla MACA 1206/2008 2 Junction, he was knocked down by a car bearing Reg.No.KL 01/G 5670. Alleging negligence against the 2nd respondent , the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 2,00,000/-. 4. Respondents 1 to 3 in the O.P. are the owner, driver and insurer of the offending car. Respondent No.4 in the O.P. is the insurer of the motor cycle. Respondents 1 and 2 remained absent before the Tribunal. Respondents 3 and 4 in the O.P are the same Insurance Company. They filed a written statement before the Tribunal admitting the policy of respective vehicles. 5. This O.P. was jointly tried along with another O.P. filed by the pillion rider of the motor cycle and a common award was passed by the Tribunal. Exts.A1 to A8 were marked on the side of the claimant before the Tribunal. Ext.B1 was marked on the side of the respondents. The Tribunal, on an appreciation of evidence, found that the accident occurred due to the rash and negligent driving of MACA 1206/2008 3 the offending car by second respondent and awarded a compensation of Rs.44,140/- with interest @ 7.5% per annum from the date of petition till realization. The claimant has now come up in appeal challenging the quantum of 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 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. 8. The Tribunal awarded a total compensation of Rs. 44,140/-. The break up of the compensation awarded is as under : Transportation, hospitalization, attendant expenses, extra - nourishment & damage to clothing. - Rs. 1,500/- Medical expenses - Rs. 2,640/- MACA 1206/2008 4 Loss of earnings - Rs.20,000/- Pain and suffering - Rs.15,000/- For loss of amenities, comforts & conveniences - Rs. 5,000/- --------------- Total Rs.44,140/- ======= 9. Counsel for the claimant sought enhancement of compensation for the loss of amenities and enjoyment in life and on other heads. 10. The Tribunal awarded a compensation of Rs.5,000/- towards loss of amenities and enjoyment in life, which appears to be very low. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 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 entitled to an additional compensation of Rs.10,000/- with interest @ 7.5% per annum from the date of petition till realization. The MACA 1206/2008 5 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 mn MACA 1206/2008 6