IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 MACA.No. 1249 of 2005(B) ------------------------------------ (AGAINST THE AWARD DATED 14.2.2005 IN OPMV.874/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI ) .................... APPELLANT(S):/PETITIONER: ----------------------------------------- MAVUNGAL MOOSA, S/O. KOMU, AGED 42 YEARS, PALAKKAL HOUSE, KARATHOD, OORAKAM MELMURI P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA RESPONDENT(S):/RESPONDENTS: ------------------------------------------------- 1. ASHOKAN PULIKKANDI, S/O. KEERANKUTTY THANDATHIL HOUSE, KANNAMANGALAM P.O. MALAPPURAM DISTRICT. DRIVER OF JEEP NO.KL 10D/1821. 2. ALI BAPPU, S/O. ABOOBACKER, CHELLIVALAPPIL HOUSE, KANNAMANGALAM P.O., MALAPPURAM DISTRICT. (OWNER OF ABOVE MENTIONED JEEP.) 3. M/S. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE PANDI BUILDING, UP HILL, MALAPPURAM P.O., (INSURER). R3 BY ADV. SRI.N.S.MOHAMMED USMAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ------------------------------------------ M.A.C.A. NO. 1249 OF 2005-B ------------------------------------------ Dated this the 26th day of , 2009 JUDGMENT Joseph, J. Appellant is the petitioner in a petition filed under Section 166 of the Motor Vehicles Act. Towards injuries the appellant was awarded Rs.35,192/- as against his claim for Rs.1,50,000/-. 2. We heard the learned counsel for the appellant and the learned counsel for the Insurance Company. 3. Learned counsel for the appellant would submit that the amount awarded is meagre. Towards transport to hospital Rs.500/- is granted, towards extra nourishment and bystander expenses Rs.1,200/- is granted, towards medical expenses Rs.23,492/- is granted and finally Rs.10,000/- is granted towards pain and suffering. Learned counsel for the appellant would point out that the appellant has suffered fracture on both bones. Exts.A1 to A7 were produced. A2 is the wound certificate, A3 is the discharge summary and A4 is the discharge certificate. A7 series are medical bills. Learned counsel for the appellant points out that towards extra nourishment and bystander MACA 1249/2005 -2- expenses as against his claim for Rs.5,000/- only Rs.1,200/- is granted. He also points out that towards pain and suffering only Rs.10,000/- is granted. He further points out that no amount is granted towards loss of earning. He would submit that the appellant was a merchant and certainly he would have lost earning for 6 months. 4. Learned counsel for the Insurance Company would submit that there is no oral evidence as such and he supports the award. 5. We notice that the appellant has produced A2, A3 and A4 which are the wound certificate, discharge summary and discharge certificate respectively. We feel that the appellant can be granted Rs.5,000/- more towards pain and suffering. We also feel that the amount awarded towards extra nourishment and bystander expenses is low and a further sum of Rs.2,000/- can be granted towards the same. We also feel that in view of the nature of the injuries the appellant can be granted a sum of Rs.6,000/ towards loss of earning even though it may be true that he was a merchant. Finally, we feel that in view of the injuries suffered by the appellant we can safely grant Rs.3,000/- towards loss of amenities. Thus, the appeal is partly allowed and the appellant is allowed to realise Rs.16,000/- more with 7.5 per cent interest from MACA 1249/2005 -3- the date of petition till the date of realisation from the third respondent. K.M. JOSEPH, JUDGE M.L. JOSEPH FRANCIS, JUDGE MS