IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 MACA.No. 152 of 2006() ---------------------- OPMV.1545/1997 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): APPLICANT ----------------------- JAYA.T.PANICKER, PONGUVILA NIVAS, PALLIMUKKU, KUNDARA, EAST KUNDARA.P.O, KOTTAMKARA VILLAGE, KOLLAM. BY ADV. SRI.B.MOHANLAL SMT.MEREENA JOSEPH SMT.M.M.POORNIMA RESPONDENT(S): --------------- 1. B.PRAKASH, S/O.VASU, AJITHA BHAVAN, MUTHANA.P.O. VARKALA, (REGISTERED OWNER OF KL-1/C-9977 PRIVATE). 2. PRATHAPAN, S/O.CHELLAPPAN, PALAVILA PUTHEN VEEDU, EAST OF KOVOOR LIBRARY, KOVOOR CHERRY, CHEMMARUTHY VILLAGE, (DRIVER OF KL-1/C-9977 BUS AT THE TIME OF ACCIDENT). 3. THE MANAGER, THE NEW INDIA INSURANCE CO. LTD., NEAR MUNICIPAL BUS STAND, MAIN ROAD, ATTINGAL, POLICY NO:25482470 VALID FROM 26/10/96 TO 25/10/97, ( INSURER OF KL-1/C-9977 BUS AT THE TIME OF ACCIDENT). ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 152 of 2006 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 15th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(M.V.) No. 1545 of 1997 of the First Additional Motor Accidents Claims Tribunal, Kollam challenges the judgment and award of the Tribunal dated November 1, 2003, awarding a compensation of Rs.32,000/- for the loss caused to her on account of the injuries sustained by her in a motor accident. 2. The facts leading to this appeal in brief are these :- The claimant is a lady aged 33 at the time of the accident and she was earning Rs.5,000/- as a Pharmacist. On July 24, 1997 at about 2 p.m. while she was travelling in MACA 152/06 2 a bus bearing registration No. KL-1C-9977 and reached at Odanavattom, the driver of the bus suddenly applied the brake, as a result of which she fell down from the seat and sustained serious injuries. According to the claimant, accident occurred due to the negligence on the part of the second respondent driver of the bus. First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending car are jointly and severally liable to pay compensation to the claimant. 3. The first respondent, the owner of the offending bus filed a written statement contending that there was no negligence on the part of the driver of the bus. The second respondent driver of the offending bus remained absent and was set ex parte by the Tribunal. The third respondent the insurer of the offending bus filed a written statement admitting the policy. 4. Exts.A1 to A14 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the respondents. On an appreciation of evidence, the MACA 152/06 3 Tribunal awarded a compensation of Rs.32,000/- with interest at the rate of 9% p.a. from the date of petition till realization. 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 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 ? 7. The Tribunal awarded a total compensation of Rs.32,000/-. The break up of the compensation awarded is as under : Loss of earning : Rs.6,000/- Transportation expense : Rs.1,000/- Medical expense : Rs.5,000/- Pain and sufferings : Rs.15,000/- Compensation for discomfort : Rs.5,000/- -------------------- MACA 152/06 4 Total : Rs.32,000/- ======== 8. The claimant sustained fracture of lower 3rd of left fibula and fracture of lower 3rd of tibia. She was admitted in the K.N.S. Hospital, Kottarakkara on 24-7-1997 and discharged on 26-7-1997. She was again admitted in Upasana Hospital, Kollam on 15-8-1997 and discharged on 5-9-1997. Internal fixation was done. Ext.A5 is the copy of the wound certificate issued from K.N.S. Hospital, Kottarakkara. Exts.A6 and A7 are the discharge cards issued from the Upasana Hospital, Kollam. Exts.A10 and A11 are the discharge card and O.P. card issued from the K.N.S. Hospital. 9. The learned counsel for the appellant sought enhancement of compensation for the loss of amenities and enjoyment of life, extra-nourishment and by-stander expenses. For the loss of amenities and enjoyment of life, the Tribunal awarded a compensation of Rs.5,000/-, as compensation for discomfort. Taking into consideration of the nature of the injuries sustained and the period of MACA 152/06 5 treatment the claimant has undergone, we feel that a compensation of Rs.10,000/- would be reasonable on this count. 10. For extra-nourishment and by-stander expenses, no compensation was awarded by the Tribunal. Having regard to the nature of injuries sustained and the period of treatment the claimant has undergone, we feel that compensation of Rs.3,000/- would be reasonable for extra- nourishment and Rs.2,000/- for by-stander expenses. Regarding the compensation awarded under other heads, we find that reasonable amount was granted by the Tribunal and therefore we are not disturbing the same. 11. In the result, the claimant is found entitled to Rs.10,000/- as additional compensation. She is entitled to interest @ 9% per annum from the date of petition till realization and 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 MACA 152/06 6 claimant. 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.