IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 MACA.No. 591 of 2003() ---------------------- OPMV.886/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- PRASANTH KUMAR, AGED 30 YEARS, S/O. KUMARAN, "USHUS", ANTHIMADAM, OLAVAKODE P.O., PALAKKAD DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.JACOB SEBASTIAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. T.P.SHOUKATH ALI, S/O. ABDU, THAKKAMPURAYAN HOUSE, PERIMBADARI P.O., MANNARKKAD (OWNER OF THE BUS KL-9/F 1789). (DELETED) 2. C.H.ABDUL AZEEZ, AGED 40 YEARS, S/O. HAMZA, CHELAKATHU THODIVEEDU, NAYADIKUNNU, PERIMBADARI P.O., MANNARKKAD (DRIVER OF THE BUS KL-9/F 1789) ( DELETED) 3. UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, B.P. BUILDING, 24, MILL ROAD, COIMBATORE (INSURER OF THE BUS). Respondents 1 and 2 deleted from the party array at the risk of the appellant vide order dated 18-9-09 in I.A.No.2681/2009. ADV. SMT.K.SHERIN MOHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.591 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.886/2001 of Motor Accidents Claims Tribunal, Ottappalam challenges the judgment and award of the Tribunal dated September 4, 2003 awarding a compensation of Rs. 35,150/- for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these : On May 15, 2001 at about 3.20 p.m., the claimant was riding his motor cycle bearing Reg.No.KL 9H/3576 from Olavakkode to Alanallur. When he reached at Koottopadam, a bus bearing Reg.No.KL-9F/1789 came at a high speed and dashed against the motor cycle of the claimant. The claimant sustained serious injuries. According to the claimant, accident occurred due to the rash and negligent driving of the offending bus by second respondent. First MACA.No.591/2003 2 respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending bus are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the owner and driver of the offending bus remained absent before the Tribunal. The third respondent the insurer of the offending bus filed a written statement admitting the policy and further contended that there was no negligence on the part of the second respondent. 4. Exts.A1 to A6 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending bus by second respondent and awarded a compensation of Rs.35,150/- with interest @ 9% per annum from the date of petition till realisation and a cost of Rs.600/-. 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. MACA.No.591/2003 3 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 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 claimant sustained the following injuries as revealed from Ext.A5, the copy of the wound certificate issued from the hospital. 1. Contusion on the right forearm. 2. Fracture of both bones ( R) leg. 3. Grade I compound comminuted fracture. He was admitted in the hospital on May 15, 2001 and was discharged on May 29, 2001. 8. The Tribunal awarded a total compensation of Rs.35,150/-. The break up of the compensation awarded is as under : Pain and suffering - Rs. 14,000/- Bystander expenses - Rs. 1,650/- Medical bills - Rs. 1,500/- Loss of income - Rs. 10,000/- Extra nourishment - Rs. 3,000/- Transportation expenses - Rs. 2,000/- Loss of amenities - Rs. 3,000/- MACA.No.591/2003 4 9. Counsel for the claimant sought enhancement of the compensation awarded for the loss of amenities and enjoyment of life and for pain and suffering endured. 10. The Tribunal awarded a compensation of Rs. 3,000/- for the loss of amenities and enjoyment of life which appears to be very low. Taking into consideration the nature of the injuries sustained by the claimant, we feel that a compensation of Rs. 10,000/- would be adequate on this count. 11. The Tribunal awarded a compensation of Rs. 14,000/- for the pain and suffering endured which appears to be quite inadequate. Having regard to the fact that claimant sustained fracture of both bones of right leg, we feel that a compensation of Rs. 20,000/- would be reasonable for the pain and suffering endured by the claimant. As regards the compensation awarded by the Tribunal under other heads, we find the same to be reasonable and therefore are not disturbing the same. In the result, the claimant is entitled to an additional compensation of Rs. 13,000/-. He is entitled to interest @ 9% per MACA.No.591/2003 5 annum from the date of petition till realisation and proportionate cost. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the 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 sv. MACA.No.591/2003 6