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 18TH AUGUST 2010 / 27TH SRAVANA 1932 MACA.No. 1234 of 2007(A) ----------------------- OPMV.1574/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) -------------------------------------------- SIDHINLAL, S/O.THANKAPPAN, KATTUPARAMBAN HOUSE, RESIDING AT MUNIPPARA DESOM, PARIYARAM VILLAGE, KANJIRAPPILLY P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. HABEEB RAHMAN, S/O.HAMZA, 42/927, LAKSHMI VIHAR, AMBALATHVEETTIL, MADHAVI AMMA ROAD, COCHIN. 2. K.C.JOSSY, S/O.CHAKKUNNY, KARIPPAI HOUSE, MOTHIRAKANNI P.O. 3. MANAGER, ORIENTAL INSURANCE CO.LTD., ALWAYE BRANCH. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 SRI.R.VENUGOPAL FOR R1 SRI.R.SREEHARI FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1234 of 2007 ------------------------------------------------------ Dated: AUGUST 18, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in OP(MV) 1574/2001 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. He sustained the following injuries in a motor accident that occurred on July 6 2001 at about 7.30 p.m. at Munippara Centre on the Athirappally - Chalakkudy road: “abrasion over left side of face and forehead, depressed fracure of left parietal bone. fracture 1st rib left, subluxation sterno clavicular joint (left), depressed fracture left parietal bone.” 2. The claimant was a boy aged 15 at the time of the accident. The accident happened while he was cycling along the road, he was knocked down by the jeep bearing registration No.KLV 8578 driven by the 2nd respondent. Alleging negligence against the 2nd respondent, the claimant through his next friend, father, filed the OP before the Tribunal under Sec.166 of the Motor Vehicles Act claiming a compensation of Rs.1,50,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending jeep, remained absent before the Tribunal. The 3rd M.A.C.A. 1234 of 2007 2 respondent, insurer of the offending vehicle, filed a written statement admitting the policy. 4. PW.1 was examined and Exts.A1 to A12 were marked on the side of the claimant before the Tribunal. On the side of the contesting 3rd respondent, Ext.B1 was marked. On an appreciation of evidence the Tribunal found that the accident happened due to the negligence of the 2nd respondent and awarded a total compensation of Rs.35,864/- with interest at the rate of 6% per annum from the date of petition till realisation and proportionate cost. 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 the Insurance Company. Counsel for the 1st respondent, owner of the offending vehicle, submitted that the 1st respondent has filed a petition before the Tribunal to set aside the ex parte award, which is now pending. 6. The break up of the compensation amount awarded is as under: cost of extra nourishment and wages to attendants Rs.700/- medical expenses 12714/- transportation charges 200/- pain and suffering 8000/- loss of amenities etc. 3000/- M.A.C.A. 1234 of 2007 3 permanent disability 11250/- --------------- 35864/- ======== 7. Counsel for the claimant sought enhancement of the compensation for loss of amenities and enjoyment of life, for pain and suffering endured by the claimant etc.. 8. The Tribunal awarded a compensation of Rs.3000/- for loss of amenities and enjoyment of life, which appears to be quite inadequate. Taking into account the nature of the injuries sustained by the claimant, we feel that a compensation of Rs.15,000/- would be reasonable on this count. 9. Rs.8000/- was awarded for the pain and suffering endured. Having regard to the nature of the injuries sustained, we feel that a compensation of Rs.15000/- 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. 10. Thus the claimant is entitled to an additional compensation of Rs.19000/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation for the compensation already awarded and for the enhanced compensation and proportionate cost. The 2nd respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the M.A.C.A. 1234 of 2007 4 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 mt/-