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 FEBRUARY 2010 / 5TH PHALGUNA 1931 MACA.No. 226 of 2003() ---------------------- OPMV.720/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER IN OP(MV) -------------------------------------------- T.VISHWANATHAN, AGED 47 YEARS, S/O. AMMUKUTTYAMMA, VISWAMANDIRAM, KARIAMBADI P.O. CHANNALI, PURAKKADI VILLAGE, S.BATHERY TALUK. BY ADV. SRI.T.KURIAKOSE PETER SRI.ABRAHAM P.GEORGE RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. V.P.KHADHAR, 32 YEARS, S/O. ABOOBACKER, MANIKUNI HOUSE, KARIAMBADI P.O., VYTHIRI TALUK. 2. GOPALAKRISHNAN, AGE NOT KNOWN, S/O. GOVINDAN NAIR, VALIYAVEETTIL HOUSE, ARPUKKARA, P.O.KOTTAYAM DISTRICT. 3. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO.LTD., KALPETTA, (POLICY NO.317606040375). ADV. SRI.KKM.SHERIF FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.226 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.720/1994 of Motor Accidents Claims Tribunal, Kalpetta, Wayanad challenges the quantum of compensation awarded by the Tribunal by award dated April 24, 2002 for the loss caused to the claimant on account of the injuries sustained in a motor accident. 2. The facts in brief are these : On April 24, 1994 while the claimant was travelling in a jeep bearing Reg.No.KL-10/B 6547 and reached at Ozhukkanmoola at about 10.15 a.m., another jeep bearing Reg.No.KRK 5288 driven by the first respondent came in a rash and negligent manner and dashed against the back side of the jeep of the claimant. The claimants sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the offending jeep by the first respondent. First respondent as the driver, second respondent as the owner and third respondent as the insurer of the jeep bearing Reg.No.KRK 5288 are jointly and severally liable to pay MACA.No.226/03 Page numbers compensation to the claimant. The claimant claimed a compensation of Rs. 1,00,000/-. 3. Respondents 1 and 2, the driver and owner of the offending jeep remained absent and were set ex parte before the Tribunal. Third respondent, insurer of the offending jeep filed a written statement admitting the policy, but contending that there was also negligence on the part of the other jeep involved in the accident. PW1 was examined and Exts.A1 to A7 were marked on the side of the claimant. No evidence was adduced by the contesting third respondent. 4. The Tribunal on an appreciation of evidence found that the accident occurred due to the negligence on the part of the first respondent and awarded a compensation of Rs.5,600/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first respondent is also not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 6. The claimant sustained blunt injury on the abdomen jejunal laceration and hernia pentoneum. Ext.A4 is the copy of the wound MACA.No.226/03 Page numbers certificate issued from the hospital. 7. The Tribunal awarded compensation as follows : Loss of earning - Rs. 1,400/- Transportation charges - Rs. 300/- Extra nourishment -Rs. 200/- Medical expenses -Rs. 700/- Pain and suffering -Rs. 3,000/- ------------ Rs. 5,600/- ======== 8. The Tribunal took the monthly income of the claimant as Rs. 700/- and awarded a compensation of Rs. 1400/- for loss of earning for two months. Though no document was produced to prove the income of the claimant, in our view his monthly income can be reasonably estimated at Rs. 2500/-. Therefore, for loss of earning for two months, the claimant is entitled to a compensation of Rs. 5000/-. 9. The Tribunal awarded Rs. 300/- towards transport to hospital which appears to be very low. We feel that a compensation of Rs. 1000/- would be adequate on this count as he was subsequently treated at Medical College Hospital, Kozhikode. 10. The Tribunal awarded a compensation of Rs. 200/- for extra nourishment. He was first taken to the District Hospital, Mananthavady and thereafter to the Medical College Hospital, Kozhikode and he was admitted there from 24-04-1994 to 13-05-1994 as seen from Ext.A6 Index card issued from the Medical College Hospital, Kozhikode. Therefore, in our MACA.No.226/03 Page numbers view a compensation of Rs. 500/- would be reasonable on this count. 11. Rs. 700/- was awarded by the Tribunal for treatment expenses. Taking into account the nature of the injury sustained and the period of treatment the claimant has undergone, we feel that a compensation of Rs. 3000/- would be reasonable under this head. 12. Rs. 3,000/- was awarded by the Tribunal for pain and suffering endured by the claimant. Taking into account the nature of the injury sustained, we feel that a compensation of Rs. 7,500/- would be reasonable on this count. No compensation was awarded for loss of amenities and enjoyment of life. On this count , we feel that a compensation of Rs. 3000/- would be adequate. 13. Thus the claimant is entitled to an additional compensation of Rs. 14,400/- . He is entitled to interest @ 9% per annum from the date of petition till realisation. Third respondent being the insurer of the offending vehicle shall deposit the amount within two months from the date of receipt of a copy of this judgment before the Tribunal with notice to the claimant. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.226/03 Page numbers