IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 MACA.No. 750 of 2004(D) ----------------------------------- [OP(MV).NO.2202/1996 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM] .................... APPELLANT/PETITIONER: ------------------------------------- T.M.ABOOBACKER, S/O. MARAKKAR, H.NO.XII/263, THOTTATHIL HOUSE, VIDAKUZHA, KALAMASSERY. BY ADV. SRI.P.K.MOHAMMED PUZHAKKARA. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. MATHEW PAUL, PUTHUSSERY HOUSE, KIZHAKKAMBALAM, ERNAKULAM DISTRICT. 2. C.P.ELDO, S/O. PAULOSE, CHITTAPPARA HOUSE, IYKARANADU, ERNAKULAM DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LTD., MUVATTUPUZHA. 4. THE NATIONAL INSURANCE COMPANY, REGIONAL OFFICE, KOCHI. R3 BY ADV. SRI.P.SANKARANKUTTY NAIR, R4 BY ADV. SRI.P.JAYASANKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 750 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 15th day of July, 2010 JUDGMENT Barkath Ali, J. The appellant filed O.P.(MV) No.2202 of 1996 before the Motor Accidents Claims Tribunal, Ernakulam under section 166 of the Motor Vehicles Act, claiming a compensation of Rs.1,62,750/- for the loss caused to him, on account of the injury sustained by him in a motor accident. The Tribunal awarded a total compensation of Rs.47,250/-. 2. According to the appellant, he was riding his scooter bearing registration No.KL-7K-3513 along Kakkanad – Pallikkara road on October 5, 1995 at about 9.10 a.m. His wife, claimant in O.P.(MV) No.2203 of 1996, was pillion riding. When they reached near the Manakkakadavu Toll Gate, they were knocked down by a bus bearing registration No.KRD 9144, which came from the opposite side. 3. The claimant sustained the following injuries in the MACA 750/2004 2 accident, as revealed from Ext.A9 wound certificate :- 1) Loss of consciousness. 2) Cerebral concussion. 3) Contusion (R) side of face. Extensive bruising with contusion (L) upper arm. Contusions on the lips. 4) Loss of one tooth and broken some of teeth. 5) Laceration - upper lip. Fracture (L) globellar region extending from superomedial wall of orbit to midline-undisplaced Le Foret II fracture maxilla. 4. The O.P. was filed against respondents 1 to 3; owner, driver and insurer of the offending bus. The insurer of the scooter was subsequently impleaded as supplemental respondent No. 4 before the Tribunal. 5. Respondents 1 and 2 remained absent and were set ex parte by the Tribunal. The third respondent, insurer of the offending bus, admitted the policy. The fourth respondent, insurer of the scooter also admitted policy. MACA 750/2004 3 6. This O.P. was jointly tried along with O.P.(MV) No. 2203 of 1996 filed by the wife of the claimant and a common award was passed. 7. PWs.1 and 2 were examined and Exts. A1 to A26 were marked on the side of the claimant. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence, found that the accident occurred due to the negligence on the part of the second respondent, driver of the offending bus and awarded a total compensation of Rs.47,250/- with interest at the rate of 9% p.a. from the date of petition till realization and proportionate cost. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 8. Heard the learned counsel for the claimant and learned counsel for respondents 3 and 4. 9. 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 MACA 750/2004 4 offending bus, is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation? 10. The Tribunal awarded a total compensation of Rs.47,250/-. Break up of the compensation awarded is as under:- Transport to hospital : Rs. 500/- Damage to clothing : Rs. 250/- Attendant expenses : Rs. 500/- Extra nourishment : Rs. 1,000/- Loss of earnings : Rs. 3,000/- Medical and expenses : Rs. 9,000/- Pain and suffering : Rs. 15,000/- Loss of amenities : Rs. 10,000/- Loss of one tooth and : Rs. 5,000/- some teeth were broken. For future treatment : Rs. 3,000/- ---------------------- Total ; Rs. 47,250/- ======== 11. The learned counsel for the appellant/claimant sought enhancement of compensation for pain and suffering endured, loss of amenities and enjoyment in life and on other heads. He pointed out that no compensation was awarded for the disability caused. MACA 750/2004 5 12. We find that no compensation was awarded for the disability caused. The Tribunal awarded Rs.3,000/- for the loss of earnings. The claimant was employed in Kalamassery Premium Tyres as Lift Operator. Therefore, we are of the view that his monthly income can reasonably be fixed at Rs.2,500/-. Nature of the injuries sustained by him show that he must have been disabled for three months, for which he is entitled to a compensation of Rs.7,500/-. Thus, on this count the claimant is entitled to an additional compensation of Rs.4,500/-. 13. Towards medical expenses, the Tribunal awarded a compensation of Rs.9,000/-. The claimant has produced bills for Rs.10,620/-. Therefore, we feel that a compensation of Rs.10,500/- would be reasonable on this count. 14. For the loss of amenities and enjoyment in life, Rs.10,000/- was awarded by the Tribunal which is quite inadequate. Having regard to the nature of the injuries sustained, we feel that a compensation of Rs.20,000/- would be reasonable on this count. As regards the compensation MACA 750/2004 6 awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 15. Therefore, the claimant is entitled to an additional compensation of Rs.16,000/-. He is entitled to interest at the rate of 9% p.a. from the date of petition till realization with proportionate cost. The third respondent, being the insurer of the offending bus, shall deposit the amount before the Tribunal 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. In the result, the appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn MACA 750/2004 7