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 24TH MARCH 2010 / 3RD CHAITHRA 1932 MACA.No. 1279 of 2005() ------------------------------------ OPMV.682/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/PETITIONER: ------------------------------------- SCUJAL, S/O. HUSSAIN, AGED 20 YEARS, THEKKEKATTIL CHATHOTH HOUSE, KATALUR P.O., KOYILANDY TALUK. BY ADV. SRI.T.T.MOHAMMOOD RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. P.P. ABDUL KHADER, S/O. V.C. AALIKUTTY HAJI, PARTNER, 2/36, P.P. ABDULLA BROTHERS, BEACH ROAD, ELATHUR, KOZHIKODE, (R.C.OWNER KL 11 1760 JEEP). 2. VIJAYAN, S/O. KANARAN, AGED NOT KNOWN, CHATHOTH MEETHAL HOUSE, CHORODE AMSOM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT. DL NO.3778/92, DRIVER KL 11 1760 JEEP). 3. THE NEW INDIA INSURANCE COMPANY LTD., BRANCH OFFICE EDODI, VATAKARA, VATAKARA TALUK, KOZHIKODE DISTRICT, POLICY NO.3176060602007, INSURER OF KL 11 1760 JEEP. R3 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 1279 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 24th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV) No.682 of 1998 of Motor Accidents Claims Tribunal, Vadakara challenges the judgment and award of the Tribunal dated March 16, 2004, awarding a compensation of Rs.40,750/- 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 is a boy aged 14 at the time of the accident. He was represented by his guardian father. On November 4, 1994 at about 3 p.m. while he was walking along the Kannur - Kozhikode National Highway road, he was knocked down by a jeep bearing registration No.KL-11 1760, driven by the second respondent. The claimant sustained very serious injuries. According to the claimant, MACA 1279/2005 2 the accident occurred due to the rash and negligent driving of the offending jeep by the second respondent. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending jeep are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs.2,50,000/-. 3. Though the first respondent, owner of the jeep, entered appearance, he did not file any written statement before the Tribunal. The second respondent, driver of the offending jeep remained absent and was set ex parte by the Tribunal. The third respondent, insurer of the offending jeep filed a written statement, admitting the policy and further contending that the accident occurred due to the negligence on the part of the claimant. 4. Exts.A1 to A4 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, awarded a compensation of MACA 1279/2005 3 Rs.40,750/-. 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 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 second respondent, driver of the jeep, 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 the following injuries, as revealed from Ext.A2 copy of the wound certificate:- 1) Lacerated wound 4 x 2 cm. on the middle 1/3rd of medial side of left leg. 2) Compound fracture B.B. (L) Leg and TTP. He was admitted in the hospital on 4-11-1994 and was discharged on 9-12-1994. He was treated with wound debridment and ilizarove's ring fixation was done. He was MACA 1279/2005 4 again admitted in the hospital on 31-1-1995 and was discharged on 4-2-1995 for the removal of the fixater. Ext.X1 certificate of disability issued by the Medical Board shows that the claimant has no permanent disability. 8. The Tribunal awarded a total compensation of Rs.40,750/-. Break up of the compensation awarded is as under : Pain and sufferings : Rs.15,000/- Inconveniences caused : Rs.4,000/- Loss of amenities and : Rs.4,000/- enjoyment of life. Transportation expense : Rs.2,000/- Extra nourishment : Rs.2,000/- Damage caused to clothing : Rs.250/- Medical expense : Rs.13,500/- -------------------- Total : Rs.40,750/- ======== 9. The learned counsel for appellant sought enhancement of compensation for the loss of amenities and enjoyment of life and for pain and suffering endured. He pointed out that no compensation was awarded for the disability caused. 10. The Tribunal is perfectly justified not awarding MACA 1279/2005 5 any compensation for the disability caused, as Ext.X1 disability certificate would show that the claimant did not suffer any permanent disability. 11. For the pain and suffering endured by the claimant, Tribunal awarded only Rs.15,000/-, which is quite inadequate. Taking into account the nature of injuries sustained, we feel that a compensation of Rs.20,000/- would be reasonable on this count. 12. For the loss of amenities and enjoyment of life, only Rs.4,000/- was awarded by the Tribunal, which appears to be very low. Taking into consideration the nature of injuries sustained, we feel that a compensation of Rs.10,000/- would be just and proper on this count. Regarding compensation granted under other heads, we find the same just and proper and therefore, we are not disturbing the same. 13. In the result, the claimant is found entitled to Rs.11,000/- as additional compensation. He is entitled to interest @ 9% per annum from the date of petition till MACA 1279/2005 6 realization and proportionate cost. The Tribunal awarded interest only at the rate of 6% p.a., which appears to be very low. The claimant is also entitled to interest @ 9% from the date of petition till realization for the compensation already awarded by the Tribunal. The third respondent being the insurer of the offending jeep 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.